Category Archives: Uncategorized

When It Comes To Business, Most People Think Lawyers Are A Necessary Evil

But that ain’t necessarily so.  But for smart businesses, “the law becomes a very powerful tool, because it’s simply an input into your business.” The trick is to involve lawyers early on. One example is to have the lawyers draft … Continue reading

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18 Things (You Ought to Have Learned by Now)

I.                    Artificial intelligence is no match for natural stupidity. II.                 Don’t worry about what people think, they don’t do it very often. III.              If you must choose between two evils, pick the one you’ve never tried before. IV.             It is … Continue reading

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It’s Stuff Like This That Gives Lawyers A Bad Name

A lawyer friend of mine who represents consumers sued a bill collector on behalf of a client and won including fines, penalties and attorneys fees. To stop my friend from collecting, the collector then sues my friend.  Separately, the collector … Continue reading

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Can I Get Fees With That?

Let’s assume that you don’t have a contract which provides that you can recover your attorney’s fees and costs.  After all, this is the USA, not the UK where loser pays is the rule.  Here in the USA, both sides … Continue reading

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Comments On The Atlantic’s Article On Justice

http://www.theatlantic.com/national/archive/2012/06/5-steps-for-fixing-the-civil-justice-system/258295/ The article describes the problem well. But we all know it: to get civil justice you have to be able to pay for it.  In fact, I just recently told a client “A contract is only as good as … Continue reading

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RANT: What Is It With This Impulse To Demand Sanctions For Everything?

I’ve been practicing law for 21 years.  I’m aggressive.  Very aggressive. But this is ridiculous.  Up until this year, once has any other lawyer ever sought sanctions against me.  They lost. But they were BigLaw and I understood: their client … Continue reading

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Rip and Read in Virginia

Ok, here is the scenario.  A gentleman is offered a judgeship in the Commonwealth of Virginia.  So far, so good.  This guy has it all.  He was a Navy officer and fighter pilot.  He left the Navy 20 years ago … Continue reading

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Sometimes You Can’t Catch A Break

What do you do if your expert (who you hired at great cost) gets disciplined by his licensing authority (like a Doctor being disciplined by the State Medical Board)? You have 2 obvious options: 1.) Ditch the expert, and go … Continue reading

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Should Your Client Talk To The Police? NO. Should You Talk To The Police For Your Client? MAYBE.

I’m just going to quote  other lawyers who responded to the basic question phrased like this:  “Two detectives visited [client] while he was away. They left business card and wanted him to call back to them.”  What should I do?  … Continue reading

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What Happens to a Company’s Debt When it Dissolves?

The lawyer’s favorite answer: It depends.  What does it depend on?  Well, what do the corporate documents say?  Was this contingency included in the firm’s Bylaws or Operating Agreement?  Did the firm follow the precise legal requirements so that the … Continue reading

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