All in this together? I’ll say!

The attorney-client privilege relates to and covers all information regarding the client received by the attorney in his professional capacity and in the course of his representation of the client. Barnes v. State, 460 So. 2d 126, 131 (Miss. 1984). Included are communications made by the client to the attorney and by the attorney to the client. Id. Only the client may invoke the privilege and the attorney has no standing to invoke the privilege if the client does not wish to. Id. Like the attorney client privilege, the work- product doctrine insulates a lawyer’s research, analysis of legal theories, mental impressions, notes, and memoranda of witnesses’ statements from an opposing counsel’s inquiries. Dunn, supra, at 875.

So writes the attorney Grady Tollison filing the Motion to Quash Notice of Depostion and for Protective Order on behalf of his client, Jones who formerly represented McIntosh in McIntosh v State Farm.

Jones has relevant, non-privileged factual information that is highly material to the claims and defenses in this case … about the whereabouts of an original engineering report on the McIntosh property.

Judge Walker granted the motion to quash saying:

State Farm offers nothing but speculation that Jones had any information whatsoever about any original engineering report.

But maybe it was more than speculation?  Mr. Grady Tollison, Jr. also represents Mr. David Stanovich (who was an agent of State Farm) while representing Jones according to the Plaintiffs’ response to motion in opposition by State Farm. Continue reading “All in this together? I’ll say!”

Breaking: Judge Senter DQ’s Missouri Lawyers in Ex Rel Rigsby

There is no joy for the taxpayers today as Judge Senter has DQ’d the Missouri duo law firms.  The gist of his reasoning is that they found out about the consulting arrangement after the fact and took no action when they found out.  I’m uncertain as to what action they could have taken except withdraw but Judge Senter’s reasoning is what it is.  Here is the pdf of the today’s order.

Now we are up to 2 and a half years with no justice for the slabbed.


The Commish’s Wind Pool Education Continues

In yesterday’s Sun Herald I saw Geoff Pender took Commissioner Chaney to task over his ill advised Wind Pool Press Release from last week. In his piece, Pender hits on the sentiment I’ve encountered since this became a topic for discussion down here; one that is not favorable to the commissioner:

State Insurance Commissioner Mike Chaney last week announced in a press release that state wind pool insurance premiums would soon approach pre-Katrina prices.

I’ll pause for the howls of derisive laughter to subside.

Now, obviously, if you live on the Coast and participate in the wind pool, you know that statement is a bunch of bullfeathers. As one reader responded, “They are closer to pre-Katrina levels except that they are 75 percent higher.”

Chaney later explained that he was referring to rates for a “Fortified Home,” or one built to a stringent set of hurricane-proof standards. OK. Problem is, only one such bunker has been built on the Coast to date. Continue reading “The Commish’s Wind Pool Education Continues”