Ethics: Judges Corral Horses and Ostriches to Combat Bad Lawyering

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Appeals are generally staid affairs, and appellate justices — jaded by experience — are generally slow to anger. Enter Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, the latest lesson in how to rouse a sleeping giant and incur appellate sanctions — in this instance, $10,000.

What annoyed the court so much? First, respondent’s counsel sought an extension of time, claiming that the issues on appeal were “complex” and that more time was needed for research and to finalize the brief. This extension request had three defects: It did not specify the “complex” issues; made only conclusory assertions about counsel’s other commitments; and failed to demonstrate any effort to obtain a stipulated extension. Nonetheless, the court granted it.

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