Law Technology

Some People I Just Don?t Get

By Bryan

The Legal Profession Blog has an interesting post about Stephen Harris, a Kansas attorney who was disciplined because he refused to file bankruptcy pleadings electronically. The opinion from the Supreme Court of Kansas explains:

In January 2005, Respondent attempted to file a bankruptcy case, in behalf of another client, using paper pleadings rather than electronic pleadings. The bankruptcy court sent Respondent an order and in the order advised Respondent that petitions and other pleadings must be filed electronically. The court ordered Respondent to attend the required training, pass the examination, and obtain a login name and password within 30 days. Respondent failed to obtain a login name and password within 30 days.

On March 31, 2005, Respondent attempted to file a bankruptcy case in behalf of another client. On April 11, 2005, a bankruptcy judge advised Respondent in writing that he was not permitted to file a bankruptcy case using paper pleadings and that all pleadings must be filed electronically.

In July 2005, C.G. retained Respondent to prepare and file a bankruptcy case in his behalf prior to the change in bankruptcy laws scheduled for October 2005. Respondent informed C.G. that it would take 6 to 8 weeks to file the bankruptcy. C.G. paid Respondent an advanced fee of $800. Despite the fact that Respondent knew that he did not have a login name and password to enable him to file bankruptcy cases, Respondent agreed to represent C.G.

On September 12, 2005, Respondent spoke with C.G. by telephone. At that time, C.G. informed Respondent that he needed the bankruptcy case to be filed immediately because his two vehicles had been repossessed. During the conversation, C.G. asked Respondent whether Respondent had a login name and password to enable him to file bankruptcy pleadings. Respondent informed C.G. that he had a login name and password. Later, in the same telephone conversation, Respondent informed C.G. that he did not have a login name and password but that he would get one by the end of the week. Still later in the telephone conversation, Respondent assured C.G. that he would obtain a login name and password with sufficient time to file the bankruptcy before the laws changed.

I really just don’t understand this. If you do not like electronic filing, that is your prerogative. However, if you are going to practice in a court that requires electronic filing, you must comply with those rules. Trying to submit paper documents with a court that requires electronic filing is no different from trying to file your pleadings in the form of a scroll with a court that accepts only 8.5 x 11 paper.

Following court rules is not a difficult concept. It can be a pain sometimes, but the rules are not optional. The attorney here compounded his error in a couple of ways. First, not only did not not follow the court rules requiring him to file his documents electronically, but he also failed to follow a specific order directed at him to obtain his efiling access within 30 days. Once again, there are ways to disagree or challenge court orders. Simply ignoring them is not an acceptable alternative.

The second thing the attorney did to compound his error was that he continued to accept new clients when he knew that he could not file pleadings on their behalf.

If you are going to practice before a particular court, follow the rules. If you want to follow those rules, find a different court to practice before or seek to change the rules.

Full post as published by The Connected Lawyer on May 16, 2008 (boomark / email).