Disciplinary Grievances Against Practitioners - page 5

motions at the Court without informing the Court or opposing counsel of
the client's death.
III.
Competence
A.
Filing Timely and Rule-Compliant Documents.
1.
Practitioners are expected, without prompting from the Court, to file
required documents, including notices of appearance and briefs, that are
both timely and otherwise compliant with the Court's rules.
Multiple
failures to file timely may result in discipline, even in the absence of any
disciplinary history or other misconduct.
See
Model Rules 1.1, 1.3, 3.2,
8.4(d). Computer errors, including crashes and viruses deleting stored
case documents and information, are not a valid excuse for missed, late, or
otherwise non-compliant filings. Failing to respond to Court orders may
violate A&P Rule 4(b)(2).
See also
Model Rules 1.1, 1.3, 8.4.
Examples of these types of failings include:
a.
An attorney who failed to respond to multiple show cause orders to
file a statement of the issues for a Rule 33 conference, and failed
to respond to a show cause order as to why the attorney should not
be removed from the case and why disciplinary proceedings should
not be initiated.
b.
An attorney who had been issued multiple show cause orders for
failing to file timely or rule-compliant briefs; had multiple briefs
returned because they were either untimely, lacked a rule-
compliant motion for extension of time, failed to respond to a show
cause order, were otherwise not rule-compliant, or suffered from
some combination of the above; and had been the subject of a
successful motion to strike portions of the brief.
c.
An attorney who failed to file a response to an EAJA application
and to the Court's order to file a response in multiple cases. In one
of those cases, the attorney failed to file a record on appeal (ROA)
and then failed to respond to the Court's three-day order to file the
overdue ROA.
d.
An attorney who failed to file required documents and respond to
corresponding Court orders that led to dismissal of the client's case.
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