Law, Strategy, and Risk in Commercial Disputes
No one's going to say he's the sharpest knife in the drawer.
Sam Adam, Jr., arguing to the jury in United States v. Rod Blagojevich.
Not the brightest light on the porch.
One beer short of a six-pack.
Two bricks shy of a load.
A few fries short of a Happy Meal.
…
The Seventh Circuit held last week that "gross amount recovered" in a contingent fee contract didn't include money the client got before hiring the lawyer. In re Solis, No. 09-4075 (7th Cir. July 6, 2010) (applying Illinois law).
The ruling turned on the principle that "Illinois construes attorney contingent fee agreements strictly in…
Today, the Texas State Commission on Judicial Conduct issued the Commission's Findings, Conclusions and Order of Public Warning in its Inquiry Concerning Honorable Sharon Keller.
The Commission concluded that Texas Court of Criminal Appeals Presiding Judge Keller engaged in "willful or presistent conduct that is clearly inconsistent with the proper performance of her duties as a…
A few weeks ago, Blawgletter read an article about the down-side of making a contingent fee deal with a lawyer.
The item said that the arrangement creates a conflict of interest. The lawyer, it said, wants to settle fast because he or she may earn a big fee for doing little work while the client…
Pediatricians sometimes ask new parents to bring their offspring in for a "well-baby check-up". Which sounds both positive and useful.
It also works in the practice of law.
Like recent moms and dads who get a postcard suggesting a well-baby check-up, your clients will feel a brain tickle from the release of endorphins if…
Snappy: General Kagan, do you feel odd when people call you general?
Kagan: No. Should I?
Snappy: Just wondered. [Aside: Sheesh.]
Bitey: Because, I think my colleague seems to mean, you don't work in the military. Never have. Right?
Kagan: Well, no, I haven't.
Bitey: [To Snappy: Zing!]
Snappy: How about when people called…
Blawgletter got some excellent feedback about our last post — on the D.C. Circuit's ruling this week that the lawyer work product doctrine protects a third-party auditor's memo to the extent it reports ideas that a lawyer birthed in anticipation of a lawsuit.
We doubted the court got it right. At least one of you agreed with…
You, the trial lawyer, tell Jimmy, your client's outside auditor, many of your Deep Thoughts about how to handle a thorny federal income tax issue that will likely produce a lawsuit with the Internal Revenue Service.
Jimmy records his own Deep Thoughts in a memo to the file. He includes yours also.
You didn't tell…
The Senate Judiciary Committee lists these folks who'll testify for/against/about the nomination of Elena Kagan to replace Associate Justice John Paul Stevens:
American Bar Association Witnesses
Kim Askew, Chair, Standing Committee
William J. Kayatta, Jr., First Circuit Representative
Majority Witnesses
Professor Robert C. Clark, Harvard University Distinguished Service Professor, Austin Wakeman Scott
…
Snappy sings. She doesn't know what her song means. She doesn't know where it will lead. She lets it come.
Bitey listens. He adores Snappy's voice. He likes her lyrics.
Snappy conjures them, Bitey believes. They don't exist until Snappy makes them.
Snappy and Bitey live in a slough — where they also work.
Of course they practice