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: Legal Blog Watch

The Law Frowns on Attorney's Neglect but 'Positively Glowers' at Its Exploitation

By Bruce Carton

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"Admittedly, the law frowns on an attorney?s neglect to comply with a clear rule. However, it positively glowers at another attorney?s exploitation of such neglect as an excuse to break his word."--Ron Burns Const. Co. v. Moore (Cal. Ct. App. - May 11, 2010) The great quote above from yesterday's decision in Ron Burns Const. Co. v. Moore (via the California Appellate Report) was directed squarely at defense counsel in the case. As laid out in the appellate opinion, plaintiff?s counsel and defendants? counsel agreed to multiple extensions of plaintiff?s time to file a motion for attorney fees on appeal, while they were trying to settle the amount owed. Under California Rules of Court, however, any stipulation to extend the time for filing a motion for attorney fees on appeal must be filed with the court before the original time has expired. Plaintiff?s counsel did not file a written stipulation within this time, however. The appellate court summarized that: When negotiations broke down, plaintiff?s counsel finally filed a motion for attorney fees on appeal. Defendants? counsel did not deny granting several extensions of time; nevertheless, he argued that the motion was time-barred. The trial court agreed, and it therefore denied...

Full post as published by Legal Blog Watch on May 13, 2010 (boomark / email).