Not To Be Published (05/14/24)

Tip Summary:?

-- Lawyer “immortalized in the California Appellate Reports” for incivility

-- New Cal.App.Law.Pod episode?w/?Top 10 Tips from Court of Appeal Research Attorneys.

Dear Colleagues:

Each week, I look for cases presenting a likelihood to shock, surprise, puzzle, inform, anger, or elate. The summaries are mine, the reactions are yours. If you would like to share your reactions, or provide a tip, email me at [email protected].

And I am always happy to talk about these kinds of issues in your cases.

Tim Kowal

Lawyer “immortalized in the California Appellate Reports” for incivility

"Lawyers and judges of our generation,” says the Court of Appeal, “spend a great deal of time lamenting the loss of a golden age when lawyers treated each other with respect and courtesy.” But that golden age, judging from the opinion in Masimo Corp. v. The Vanderpool Law Firm, Inc., (D4d3 May 2, 2024 No. G061829) [cert. for pub.], has not arrived.

The appeal arose after the appellant law firm was hit with $10,000 in discovery sanctions. The Court of Appeal affirmed.

But what is noteworthy is the court’s soliloquy on civility. Sometimes when an attorney commits an indiscretion, the court refrains from naming names. Not here. The court explicitly “called out” attorney Douglas Vanderpool for writing nasty meet-and-confer emails. One email bore the subject “You are joking right?’ and, having uncorked the vitriol, poured liberally: “In 30 years of practice this may be the stupidest thing I've ever seen. Robert is this really why you went to law school? Quit sending us paper. you know we are out of the case so just knock it off and get a life.”

In prior decisions, the court has hit uncivil attorneys in the pocketbook via sanctions and reduced attorneys’ fee awards. If that is not enough, the court will add shame into the bargain: “Incivility is the adult equivalent of schoolyard bullying and we will not keep looking the other way when attorneys practice like this. They will be called out and immortalized in the California Appellate Reports.”

This is a summary. Read the full article at the?KowalLawGroup.com?blog here.

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Top 10 Tips from Court of Appeal Research Attorneys

Appellate justices’ research attorneys are the ones advising the justices about your arguments and writing the opinions. We discuss 10 tips offered at a recent Orange County Bar Association event put on by Cory Webster and the appellate section. Here is a taste:

?? Biggest surprise: The Court of Appeal wants hyperlinked briefs. They want to be able to click on your record cites to confirm your fact statements. If you wondered how to get the partners at your firm to get you a Clearbrief subscription, tune in.

?? Start your brief by identifying the judgment or order you’re challenging. This is a court of review, after all—so tell them up front what you want them to review.

?? We also discuss the recent Masimo v. Vanderpool Law Firm case, as the Court of Appeal continues to make examples of uncivil lawyers.

The recurring theme is: build trust. Good cites, organization, and civility build trust. Bad cites, poor organization, and incivility can get you sanctioned.

The recurring theme is: build trust. Good cites build trust; bad cites lose trust. Good organization builds trust; bad organization loses trust.

Listen to the podcast here.

Video clips from the podcast are available here.

You can also subscribe to the California Appellate Law Podcast on your favorite podcast player.

_______________________

I am always happy to talk with you about these kinds of issues in your cases.

-Tim

Tim Kowal helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at www.CALPodcast.com, and posts regular updates of appellate news and tips for trial attorneys at KowalLawGroup.com. Contact Tim at [email protected] or (949) 676-9989.

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