Two Duties of Lawyers
Lawyers and Loyalty Consider the following opening paragraph in Magistrate Judge's (Hon. Nan R. Noland) opinion in regarding e-discovery in Kleen Products, LLC v. Packaging Corporate Corp. of Am. (___ F.Supp ___ S.D.N.Y.___ (Sept. 28, 2012, 2012 WL 4498465). “Lawyers...
Yet Another General Approach
LAWYER UNHAPPINESS Part IIIE-IV Another General but Mostly Independent Approach & Some Recommendations Our Authors suggest one more general approach to the acquisition or the increase of happiness, which may be close to the same thing, and the...
The Happy Lawyer–Advice (or Recommendations) for Lawyers
Part IIIB Second Preface This subsection will follow the general format of Part IIIA. It might be valuable to read the Preface to that section. (Of course, it would almost certainly be beneficial to you to read Parts I & II.) It is...
Stoicism versus Epicureanism–Sense versus Sensibility
A PROFOUND PHILOSOPHICAL FUSION In the ancient world of Greek and Roman philosophy, Stoicism and Epicureanism were regarded as competing and contradictory philosophical systems, schools, outlooks, notions, and so forth. I recently ran across a situation in which the...
Folk ‘Anything’
"Folk X" Is Usually Derisive Folklore" and "folktales" are not terms of contempt, but many such terms are, like "folk-wisdom," "folk-psychology," and so forth. The list goes on and on. This phraseology is often a professorial epithet used to refer to "common...
LEGAL ETHICS–PART II
ETHICS OF THE LEGAL PROFESSION: GENERAL ETHICS PART II In Part I, I suggested that legal ethics, as generally understood among lawyers, is mostly some sort of code--a quasi-legal code of conduct governing the minimally acceptable conduct of persons who are lawyers...
CURRENT INSURANCE LAWYERING
SOME CURRENTS Insurance law and practice hasn’t changed much in the last couple of decades. In part that is because insurance law itself is in the doldrums. Doctrinal stagnation has been inflicted upon the practice inflicted upon the community of coverage. Some have...
Legal Ethics & Confucius
CONFUCIUS AND LAWYERLY EXCELLENCE Michael Sean Quinn Austin Texas Some years ago, I published a piece entitled The Analects for Lawyers: Variations Upon Confucian Wisdom, 34 Tex. Tech L. Rev. 933 (2002-2003). Those of you who find the jurisprudence of legal...
TEXAS INSURANCE BAD FAITH: MENCHACA II: ABOUT SUBSTANCE (QUINN’S PART THREE]
MENCHACA II: MORE ON SUBSTANTIVE RULES USAA Texas Lloyds Company v. Menchaca, 545 S.W.3d 479 (Tex. 2018) Quinn's Part Three This part is a brief exposition and discussion of part of the Supreme Court's Opinion Section II entitled "Recovering Policy...
Old Lawyers With New Practices
JUST DO IT AND PRAY MICHAEL SEAN QUINN* Suppose you, the Aging Lawyer, have had a good practice until recently. But you got dropped from your firm, say, you were eased out, say, the firm broke up and you didn't get carried along, or something of the sort. And what...
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