Tuesday, March 3, 2015

"an outright mistruth" at oral argument...

Click here to read an unpub discussing "a brief that flagrantly violates the California Rules of Court by failing to provide adequate record citations and/or reasoned analysis." But that's not all!
How about lying to the court at oral argument? When taken to task for the rules violations, appellant's counsel said "I'd like to apologize for the oversight with the citations . . . . This is my first appellate case." Not much of an excuse, to be sure, as the court makes clear: "Even a 'first time' appellate lawyer is expected to read and comply with the Rules of Court." But let's toss some gas on that fire! A quick docket search within the First District alone showed 17 matters in which this lawyer was counsel of record. First timer indeed! Or, as the court put it, "To say counsel was being less than candid with the court is an understatement -- this was an outright mistruth." (And what was the penalty? Well, not enough for some. See here.)
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