What we think is happening is happening: there is an increase in the number of cases filed against lawyers. Read this article from the Chicago Tribune to learn more.
Articles Posted in Managing Your Practice
Funding for Plaintiff’s Lawyers
One of the significant problems with running a plaintiff’s practice is managing cash flow. Any fees earned are usually contingent fees, and cases are not always resolved in such a way and a such a time to meet professional and personal financial obligations. There are at least four different ways…
Limitation of Actions and the Mentally Disabled
We all know that that a person who suffers from an “unsound mind” gets the benefit of a tolling of the statute of limitations under T.C.A. Section 28-1-106, which states that “[i]f the person entitled to commence an action is, at the time the cause of action accrued, either within…
Frivilous Appeal?
“An appeal is frivolous when it “has no reasonable chance of success,” Davis v. Gulf Ins. Group, 546 S.W.2d 583, 586 (Tenn. 1977), or is “so utterly devoid of merit as to justify imposition of a penalty,” Combustion Eng’g, Inc. v. Kennedy, 562 S.W.2d 202, 205 (Tenn. 1978).” I see…
Do You Bates Stamp Documents ?
You should. Or should do something like it. When you produce documents to an opponent it is nice to be able to demonstrate which documents you turned over. “In response to RFP #4 Plaintiff produces documents 0023 – 0045.” By marking each document (or photograph) with a unique number you…
Amendments to TRCP – What Was Missing
I wrote last week that the Tennessee Supreme Court approved certain changes to the Tennessee Rules of Civil Procedure (and other rules of procedure). What I did not address is the proposed rule change that was not adopted by the Court. That is the proposed change to Rule 8.01, which…
Court Costs
Did you know that court costs are changing in Tennessee effective 1/1/2006? Historically, plaintiffs paid a relatively small filing fee at the beginning of a case and then additional charges accumulated based on the number of pages that were filed. Beginning the first of the year, charges will be made…
Reject Letters And Things That Go Bump In The Night
It is a good idea to write a reject letter to a potential client when you turn down a case. A good number of lawyers tell the receipent of the letter something about the statute of limitations on the particular claim in such a letter. This decision reminds us why…
Oral Fee Split Upheld
The high court of Massachusetts upheld a lower court decision that found and enforced an oral fee-splitting arrangement between two lawyers. The lawyer who refused to share the fee claimed that the agreement was not only not it writing but was not agreed to by the client (which is also…
Legal Writing Guide
Here is a e-book written by Judge Mark Painter in Ohio. The book is called “Legal Writing 201” and it contains 30 rules that will help you write for, not like, a judge. (That is what the sub-title says, I promise.) Thanks for the lead from Appellate Law and Practice.