Wednesday, March 27, 2013

"short, strange, and totally inadequate"

That may describe someone you know. But it's also the description used in a decision today to describe an opening brief that was about four pages long, cited only one case (and miscited it), cited no other legal authority, failed to cite the record, offered a cursory argument that "totally fails," and ... you get the idea.
The Court of Appeal (1/2) orders its clerk to forward the opinion to the State Bar for investigation and possible discipline for the totally inadequate briefing. Another object lesson in why lawyers must take their obligation to represent an appellant seriously and do a decent job, or else...

Warning! Falling anvil!
Also, 4/1 today awards $14,500 in appellate sanctions here against an appellant for bringing a frivolous appeal and making continued misrepresentations to the court. (Note that the respondent failed to properly request appellate sanctions by a separate motion, but the court steps in to award them sua sponte anyway.)