Monday, May 24, 2021

"the proverbial wrong for which there is no remedy"


Beds' pens this opinion here that starts off like this:

The practice of law has become complex and difficult. If practiced as it should be – as a profession – it has never been easy. But the demands on counsel’s time and talent have multiplied exponentially of late, and the 21st Century practitioner’s responsibilities far outstrip those we bore 25 years ago. But recognition of this fact should be an inspiration to excellence rather than an explanation for failure. No matter how stressed and challenged they may be, lawyers must treat clients – all clients – with basic professional courtesy. That seems rudimentary, but it’s often overlooked or neglected. It shouldn’t be.

And notes that "we publish in the hope the embarassment we feel about the case lead to improvement."

While we have spoken to the difficulty and complexity of the modern practice of law, we cannot let ourselves be satisfied with Kurt Vonnegut’s lament that “It is embarrassing to be human.” Human frailty will result in occasional failure, as it did here. But we must strive constantly to fight against such failure. And we must do better. We are a profession. Like doctors and ministers and scientists, we have an obligation to perform to the absolute best of our abilities regardless of our own circumstances or those of our client. We owe more than was provided here. But on the facts of this case, the law does not permit a recovery.

[Prof. Martin covers the case too, here; MetNews coverage here.]

Law360 has Atty Apologizes After Court Blasts Brief for 'Legal Emptiness' about a sanctions order in the 6th Circuit.

Also of not, this unpub from 1/3 that basically says to take the expedited appeal process under the Elder & Dependent Adult Civil Protection Act (CCP 1294.4; CRC 8.710) seriously or else get dismissed.