My new book, referenced in this post, will be available November 1, 2007, not 2008. Sorry for the error. I guess I can pass it off on age – I turn 51 (or is it 52?) tomorrow. The book goes to the printer today. The first section has 66 chapters and…
On November 1, 2008 my new book will be available for sale. My goal for this book is to provide a one-volume resource for Tennessee tort lawyers who are looking for a quick reference to the leading case on a given point. Need a quick summary of the law of…
You may not like the rules. You may think the rules are unfairly applied. But here is a case that makes it clear that (a) the failure to follow the rules can have significant consequences and (b) if you make a mistake it is important not to make matters worse.…
Put this is the "You ain’t gonna believe this" department. A New Jersey firm admitted "that an associate — with two partners’ knowledge — asked a bank representative whether a client, Kennedy Funding Inc. of Hackensack, could purchase the personal mortgages of the attorney suing Kennedy Funding in four federal…
The opening paragraphs of this opinion from the Supreme Court of Missouri sum up the case nicely: "This case involves a motion to enforce a settlement agreement in a tort action. The Eatons contested the motion alleging they did not authorize the figure offered by their dismissed attorney that was…
A young lawyer called me with a question the other day. He was looking at a case that required a significant amount of experience to handle it appropriately, and was clearly struggling. He wanted to keep the case (it had tremendous potential), but I could hear during several moments of…
Does use of the Internet increase our risk of liability? This booklet from Chubb Insurance Company discusses our some of the risks presented – and how to address them: Risk of Unintended Client Engagements Risk of Disclosing Confidential Communications Risk of Early Destruction of Electronic Documents Risk of Instant Messaging…
Have you listened to a podcast yet? Well, if not, here is a good place to start. The ABA Section of Litigation has a dozen or so podcasts for your listening pleasure. For example, you can listen to Ten Rules for Managing Electronically Stored Information, How to Tell a Judge…
There have been two bills introduced by Senator Spector that, if passed and signed into law, would be good for those of us who do contingent fee work and for the clients who hire us. S. 813 provides as follows: (a) In General- Section 162 of the Internal Revenue Code of…
The Tennessee Rules of Civil Procedure have been amended. The amendments are effective on July 1, 2007. See the amendments here. The two most significant changes are to Rule 15 and Rule 56. Rule 15.01 has been amended to add the following language: "For amendments adding defendants pursuant to Tenn.…