Friday, December 02, 2011
On the perils of appellate practice
In the past few days, three opinions have cracked down on abusive tactics in appellate litigation:
In Gonzalez-Servin v. Ford Motor Company, Judge Posner compared counsel to an ostrich for failure to address recent precedent - with funny pictures.
In Kim v. Westmoore Partners, a California appeals court fined counsel $10,000, for doing things like asking for more time to write a brief and then cribbing almost entirely from another brief the same lawyer had filed in an earlier case.
Today, the Fourth Circuit in Matter of Liotti gave a public reprimand to a lawyer for inaccuracies in his characterization of the record and the facts.