Forbes recently published a fascinating article about Steve Susman’s thoughts on saving money in litigation. The article reports that Susman has launched a website called "Trial by Agreement" that "provides a sort of 0pen-source repository of pre-trial agreements that lawyers can use to reduce the often needless expense of electronic…
We all know that as lawyers have an obligation to cite known adverse precedent to the court. There are two reasons why this rule should be followed (other than the all-too-obvious point that the rule exists). First, the failure to cite adverse precedent means you have lost the…
Associate’s Mind is a fine blog that is well worth adding to your RSS feed list. Today’s post, Becoming a Good Lawyer Requires Failure, is an exceptional piece. Do not be mislead by the headline, which I suspect was selected to grab attention (and it does. Readers will be happy to…
Two lawyers who have been involved in an arbitration and federal court battle over fees from Fen-Phen cases appear to be at the end of the litigation road. The Tenth Circuit Court of Appeals recently upheld an arbitration award of over $8 million dollars, finding that one lawyer breached a…
In Wright v. Wright, No. M2008-01181-SC-Rll-CV (Tenn. March 29, 2011) the Tennessee Supreme Court explains how trial courts should determine a “reasonable” attorney’s fee amount when the attorney represents a minor. Trial courts and lawyers should know: (1) an evidentiary record should be made in support of an attorney’s fee…
Several months ago I reviewed a book called "Cross-Examination Handbook." Now, the authors of that book have a blog aaptly called the "Cross-Examination Blog." The site is a great place to keep up to date on this important issue. Add it to your regular reading list.
The Attorney at Work site has a helpful post that reminds us of ten ways to avoid malpractice claims. Here is an excerpt: 4. Document, document, document. It’s not practical to document everything on every matter, but document as much as you can in some contemporaneous manner. Letters are fine, but…
It comes of no surprise to lawyers that there are lots of lawyers looking for work. Our office receives resumes from lawyers almost on a daily basis, and many have impressive backgrounds. This article from the June 29, 2011 New York Times describes the state of the employment market for new…
Some plaintiff’s lawyers are "givers" and others are "takers." There are a fair number of givers, lawyers who step up to the plate time and time again to help advance the cause of civil justice in this state and nation. Some give knowledge, some give time, some give money,…
The United States District Court for the Middle District of Tennessee has released a new administrative order concerning the use of laptops, cell phones and other electronic devices in the federal courthouses in the Middle District. The devices have to go through the screening process and cannot be used in…