Disciplinary Grievances Against Practitioners - page 6

e.
An attorney who submitted several non-compliant filings,
including a brief, and failed to comply with numerous deadlines,
including failing to timely respond to multiple show cause orders.
f.
An attorney who failed to file a timely brief after assuming a
motion for an extension had been granted, and then filed multiple
untimely motions for a second extension. The appeal was
dismissed for failure to file the brief, and was only reinstated by a
panel after a motion for reconsideration. The Court issued a
warning letter to the attorney.
B.
Filing Professional Quality Briefs and Non-Frivolous Motions.
1.
Poor quality briefs may violate Model Rules 1.1 and 1.3.
Poor quality
briefs include those that do not comply with Court rules, rely on frivolous
arguments, or are incoherent. For example, cutting and pasting into a brief
long block quotes from other cases, as a substitute for analysis, may be
incompetent because it does not constitute "inquiry into and analysis of the
factual and legal elements of [a] problem." Comment 5 to Model Rule
1.1.
2.
Filing frivolous motions with the Court may violate Model Rule 3.1.
Frivolous motions potentially include any motion that is not supported by
either the law or the facts and may include motions that contradict, without
justification, well-established precedent or the record.
Examples of these types of failings include:
a.
An attorney who filed a brief that contained lengthy block quotes
without any legal analysis.
b.
An attorney who repeatedly filed out-of-time motions, either
stating a frivolous basis for doing so or no basis at all.
c.
An attorney who filed a motion asking the Court to order VA to
take action on a client's remand, when the client already had been
awarded benefits a year earlier.
IV.
Fees
(
See also
Communication)
A.
Not Claiming EAJA Fees for Post-Mortem "Conversations" with Clients.
1.
In multiple cases, attorneys have claimed EAJA fees for contact with the
client after the client's death. The Court has imposed discipline in this
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