Mississippi Litigation Review & Commentary

Mississippi Litigation Review & Commentary

Comments on the Latest Developments in Mississippi Civil Litigation

Philip is a trial attorney based in Jackson, Mississippi with a diverse civil litigation practice.

Category Archives: General

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Time to Shut It Down

Posted in General
Time to shut it down….for the year. I’m picking today as the day. I’m going out with this photo of a coffee mug that an attorney friend received as a gift. It goes with my recent posts about know-it-all clients. 2015 has been a good year professionally. But not necessarily where it counts–on the home… Continue Reading

But I Did Stay At a Holiday Inn Express Last Night

Posted in General
Last week I talked about the over-involved client. And then, there is the client who reminds you of this guy: This is how lawyers sometimes feel when non-lawyer clients try to dictate trial tactics right down to specific questions. Invariably, they want you to ask a question that you can’t. Damn those pesky rules of… Continue Reading

The Problem of the Over-involved Client

Posted in General
Judge Primeaux had this post last week titled “What You Get to Decide as Attorney.” The post examined who gets to decide what in litigation: the lawyer, or the client. This is an issue for all lawyers, but particularly defense lawyers, as Anderson pointed out in a comment: This can get particularly annoying when the… Continue Reading

Cops: Too Many Tackleberrys, Not Enough Hightowers

Posted in General
It seems like every few weeks there is a report of another ridiculous cop shooting. Last week the news was Chicago police officer Jason Van Dyke killing seventeen year old Laquan McDonald by shooting him a dozen times. Here is a NY Times report with video. This on the heels of many other publicized bad… Continue Reading

MDL Leadership Repeat Player Trend Sparks Criticism

Posted in General
A couple of weeks ago in this post about the Mikal Watts indictment I described the cadre of lawyers who serve on MDL steering committees as an oligarchy. Since then, I’ve noticed that mainstream press also notices the trend. Last week in this New York Times article about the Volkswagen Diesel litigation, Barry Meier writes:… Continue Reading

How Important is the Lawyer’s Office?

Posted in General
This recent article in the Atlantic asked “Do Lawyers Need Offices Anymore?” From the article: …VLP is one of several “virtual” law firms that are seeking provide legal services on the level of a traditional firm’s while dispensing with office space and having their attorneys work remotely, whether from home, a coffee shop, or a… Continue Reading

Headline on ‘Ambulance-Chasing Lawyers’ Misses the Mark

Posted in General
Here’s the headline from an article that was on my Zite feed last week: Google’s most expensive search keywords are for ambulance-chasing lawyers. The article goes on to explain how legal related keywords are the most expensive on Google pay-per-click. For instance, ‘San Antonio car wreck attorney’ costs $670.44. Although it’s an attention grabbing headline,… Continue Reading

Jackson Office Occupancy Rates Are Stable

Posted in General
Here is CBRE’s 2015 Report on Jackson Office Occupancy Rates. The overall vacancy rate is 21.5%, roughly the same as a year ago. Downtown continues to have the largest vacancy rate at 32.6%. Highland Colony has a lower vacancy rate (12.2%) with a higher asking price ($22.80 vs. $16.22). Office occupancy reflects the fact that… Continue Reading

almost back…..hopefully

Posted in General
I am working today for the first time in over two weeks due to a family medical emergency. Stuff has happened in my absence. There was a $2.7 million verdict in a federal court products case involving a helicopter and a $2.4 award in an investment arbitration proceeding. Seems like there are a few more… Continue Reading

Deposition Witness Murders Clarksdale Attorney

Posted in General
Clarksdale attorney Ellis Pittman was murdered on Friday by a man who Pittman was suing and deposing at the time of the murder. From WMC: Pittman was suing Frazier over work he had done on his home. Pittman claimed the work was shoddy and Frazier misused funds. Pittman was taking a deposition from Frazier when… Continue Reading

How Will Driverless Vehicles Impact Legal Industry?

Posted in General
Driverless vehicles are on the way. Seriously. And people are starting to consider how the driverless revolution will impact the economy. My favorite financial blogger Mish Shedlock has a post today about how self-driving trucks will impact the truck driver profession. But it’s not just truck drivers who will be affected: At $40,000 a year,… Continue Reading

Arbitration Jurisprudence Bad for Legal Profession

Posted in General
Here is a link and pdf to Judith Resnik’s Yale Law Journal Article regarding arbitration. The abstract concludes: The cumulative effect of the Supreme Court’s jurisprudence on arbitration has been to produce an unconstitutional system that undermines both the legitimacy of arbitration and the functions of the court. She’ll get no argument from me on… Continue Reading

Good Stuff in Latest CABA Newsletter

Posted in General
The Capital Area Bar Association now publishes its newsletter in electronic format. Here is a link to the latest issue. The latest issue includes: an article by me that expands on this January blog post about the civil justice system; Remembering Richie Edmonson, by Steve Funderburg; Remembering Judge Roy Noble Lee, by Jimmie Robertson; From… Continue Reading

What’s Everyone So Mad About?

Posted in General
In a recent Hotty Toddy.com article about the uproar caused by the IHL board running off Dan Jones, controversial former lawyer and long-time Ole Miss supporter Richard Scruggs led with the following: When I returned to civilization last year from six years in prison, I found that civilization wasn’t how I remembered it. Something had… Continue Reading

Blog Update

Posted in General
Trial last week. So, this week: The geese are back at the Supreme Court and I want to give my take on Dick Scruggs’ Dan Jones column where he contrasts the general public’s mood when he returned from his extended sabbatical. But right now my brain is too tired for extra-curricular writing. Based on past… Continue Reading

The Imagined Racial Divide

Posted in General
The Dedmond gang hate crime murder, put into historical context by Judge Carlton Reeves, evokes tremendous sadness about the nation’s racial divide. It is a divide that is very real; and completely illusory. Large segments of our population–white and black–believe that people of the opposite race are different from them. People often cling to this… Continue Reading

Death of the Billable Hour?

Posted in General
Chase Bryan recently blogged about the billable hour system and alternative fee arrangements. A barrier to alternative fee arrangements is in-house lawyers who are afraid of change: …a former outside lawyer and now a general counsel at a large company, expressed skepticism about alternative fee agreements. He said that everyone talks about alternative fees deals… Continue Reading

Tom Freeland’s Death Silences Influential Voice

Posted in General
News broke Saturday that Oxford attorney Tom Freeland died at age 59. An attorney in Oxford for over thirty years, Freeland became well known throughout the region as a blogger on NMissCommentor and a predecessor blog. I never met Freeland. But his writing had a huge influence on my decision to start blogging and what… Continue Reading

New Slogans for Civil Litigators

Posted in General
Courtesy of Lowering the Bar, I saw this ‘awesome’ billboard for a criminal defense lawyer: I love it. But it got me thinking, what would be a comparable slogan for a plaintiff personal injury lawyer. Here’s what I’ve come up with so far: Just because it’s your fault doesn’t mean you can’t get paid. Just… Continue Reading