Siegel's Practice Review - September, 2009 Headlines & Topics


September, 2009

Overview of topics...

LEAD NOTE :

Program for Electronic Commencement of Actions Expanded; OCA Is Empowered by Rule to Dispense with Consent of Parties

SPECIAL NOTE :

Affidavit Saying "I Caused" Paper to Be Mailed Won't Do; Affiant Must Be the One Who Does the Mailing

GENERAL PRACTICE:

New Professional Conduct Rules May Undermine Caselaw That Allowed Quantum Meruit Recovery for Lawyers' Fees Despite Absence of Letter of Engagement
Article Reviews Evolving Law on When Party Must Reveal Settlement to Nonsettling Party
Commission to Take Testimony from Out-of-State Witness Denied Because Not Shown Other Means Can't Serve
Court Directs Clerk to File Copy of Affidavit; No Statute or Rule Is Shown Requiring Original

BACKLOG ITEMS:

Discontinuance Denied in Multi-Party Case Which Got Joined with Another Case Involving Same Issues and in Which Proceedings Had Reached Advanced Stage
Court Struggles to Format Oath to Enable Testimony by Witness Who Says "I Do Not Hold That There Is Such a Thing as the Truth"

ARTICLE HEADLINES

Feature Article:

NEW LAWS — PROGRAM FOR ELECTRONIC FILING EXPANDED; OCA EMPOWERED BY RULE TO DISPENSE WITH CONSENT BY PARTIES

General Practice:

ATTORNEYS' FEES
New Professional Conduct Rules May Undermine Caselaw That Allowed Quantum Meruit Recovery Despite Absence of Letter of Engagement

DISCLOSING SETTLEMENTS
Article Reviews Evolving Law on When Party Must Reveal Settlement to Nonsettling Party

COMMISSION TO TAKE TESTIMONY
Commission to Take Testimony from Out-of-State Witness Denied Because Not Shown Other Means Can't Serve

FILING MERE COPY
Court Directs Clerk to File Copy of Affidavit; No Statute or Rule Is Shown Requiring Original

Special Note:

Affidavit Saying "I Caused" Paper to Be Mailed Doesn't Do; Affiant Must Be the One Who Does the Mailing

Backlog Items:

DISCONTINUANCES
Discontinuance Denied in Multi-Party Case Which Got Joined with Another Case Involving Same Issues and in Which Proceedings Had Reached Advanced Stage

WHAT SATISFIES AS "OATH"?
Court Struggles to Format Oath to Enable Testimony by Witness Who Says "I Do Not Hold That There Is Such a Thing as the Truth"