Tuesday, October 31, 2023

Don't "confuse aggressive argument with persuasive advocacy"

The MetNews has an article on this 4/3 published opinion here. The opinion begins:

A bulldozer can move piles of dirt from one place to another.  But when the goal is to move minds rather than dirt, employing a bulldozer may be counterproductive.  The bulldozer in this case is appellant Debra Wear’s counsel.  In our prior nonpublished opinion, Tedesco v. White (June 15, 2022, G059883) (Tedesco 1), we made clear to these lawyers that “[w]e do not confuse aggressive argument with persuasive advocacy.”  Although the aggression has not abated, our view of it remains unchanged.

The opinion also notes:

  • counsel has presented us with an appellant’s appendix in excess of 9,000 pages.
  • In appellant’s opening brief, counsel once again explicitly disparages the integrity of our colleagues in the Fourth District, Division 2. We caution counsel about such tactics.
Prof. Martin digs in deeper on this case, and has commentary here.