Wednesday, August 24, 2011

Third Circuit -- In Re: Niles C. Taylor

In Re: Niles C. Taylor

Where a lawyer rubber-stamps data fed by an automated client interface into her court filings, this one goes to eleven.

 Literally true statements in a filing can also be false or misleading.

Key to whether attorney can accept statements from client as true is whether she elicits them, or is simply given them by client.  Where automated system provides counsel with false data, reliance is unreasonable.  Opponent's claims can also put attorney on notice. 

Sufficient particularized notice of sanctions, even when not captioned as an order to show cause.

Bank client of law firm insufficiently intertwined to benefit from reversal of sanctions against firm unless it shows up to fight them as well.


Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.