October 4th, 2024
A pet peeve of mine, for which I am getting increasingly peevish, is attorneys who set office procedures that value their time more than their fellow members of the bar’s time. I am seeing this behavior in three distinct ways. First, attorneys demanding that one courtesy copy their paralegals on emails to them. Second, attorneys […]
Read MoreNovember 30th, 2022
I have long believed it to be best practice to courtesy copy clients on all emails one sends in that client’s case. Doing so helps one comply with Rule 1.4(a), specifically Rule 1.4(a)(3), of the South Carolina Rules of Professional Conduct, which requires a lawyer to “keep the client reasonably informed about the status of the […]
Read MoreNovember 17th, 2022
Early in the COVID era, the South Carolina Supreme Court authorized mediations using video conferencing. Despite the return of relative normalcy to the operation of the court system, one has been able to conduct remote mediations ever since. A September 21, 2021, Supreme Court order permanently authorizes mediations to be conducted via Remote Communication Technology […]
Read MoreOctober 22nd, 2021
How did the proclivity for anti-spoliation letters emerge? Such letters inform opposing parties or counsel not to destroy or dispose of evidence and make varying threats if the warning is not heeded. This letter is akin to one of those 50’s science fiction movies in which a spawn infects one human, and that human infected […]
Read MoreSeptember 15th, 2019
With every litigation both parties have the options of settlement or trial. One factor in deciding whether and on what terms to settle is how seriously the other side appears in its preparation to take the case to trial. A less prepared opposing party presents lower risks at trial and allows a more aggressive approach […]
Read MoreApril 21st, 2017
There was a recent (April 18, 2017) opinion piece by David Leonhardt in the New York Times titled, “You’re Too Busy. You Need a ‘Shultz Hour.’” In it Leonhardt discusses the work of psychologist Amos Tversky on the importance of setting aside time each day to do strategic thinking about one’s job. He quotes Tversky, […]
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