A motion for sanctions for alleged discovery violations is one of the more serious matters that can confront defense counsel in litigation. Indeed, such a motion can result in severe consequences for both the attorney and the client, including the exclusion of a witness, monetary fines, and even the...   MORE>>

In contemplating who is likely to be a legal malpractice defendant, conventional wisdom would place several types of lawyers at the top of the list: plaintiffs’ lawyers, real estate lawyers, and bad lawyers. Absent from the list are civil defense lawyers. Although members of that group have tradit...   MORE>>

All physicians face the risk of medical malpractice, but doctors in Japan confront the risk of criminal charges for professional negligence. In addition to the burden of criminal sanctions, Japan’s Medical Practitioners Law requires physicians to report “unnatural deaths”—which include death...   MORE>>

A decade ago, the Texas Supreme Court began its assault on what tort reformers pejoratively call psychic injuries. Today, key issues for those seeking mental anguish damages in legal malpractice claims remain murky. In 1993’s Boyles v. Kerr, the high court rejected the tort of negligent infliction...   MORE>>

INTRODUCTION

This is something of a hodge-podge paper. Because any consumer law practice is likely to be multifaceted, this paper touches on a variety of topics.

The topics covered in this paper are:

1. Communicating with a defendant’s employees.

2. Taping telephone calls.

3. Using ...   MORE>>

All attorneys (whether litigators, transactional associates, or in-house counsel) must contend with deadlines and time management issues. One solution to the time crunch is to utilize project management concepts within the legal environment in order to streamline daily activities. Project management...   MORE>>

ABSTRACT

Medical malpractice insurance is a highly specialized and risky business. Over the past three decades, the market has experienced three dramatic periods of rising prices and shrinking supply. For medical care providers subject to such market volatility, a response has been the developmen...   MORE>>

Drawing out the deeper questions of pragmatism, professional autonomy, separation of powers and cultural legitimacy implicated in the subject, this article argues, contrary to the dominant academic opinion in the field, that the empirical underpinnings of multidisciplinary practice (MDP) are weak as...   MORE>>

I. INTRODUCTION – MAKING A PLACE FOR APOLOGY IN THE LEGAL LEXICON

“Say you’re sorry!” Thinking of this command may conjure up the image of an elementary school teacher admonishing a student for teasing a classmate, or perhaps a grandmother mediating a broken toy dispute between her two gr...   MORE>>

INTRODUCTION

A corporation’s communications with counsel may be protected by the attorney-client privilege.[1] This privilege belongs to the corporate entity alone.[2] The executives who communicate acquire no personal privilege.[3]

Consequently, if a corporation waives its privilege, its e...   MORE>>