Friday, April 18, 2008

A Day Late

When a case is styled something like Disciplinary Board v. Attorney Doe, it is a pretty safe bet that the accused lawyer won the case or appeal. The Iowa Supreme Court dismissed an appeal by the Attorney Disciplinary Board in a matter where the attorney had been found by the Grievance Commission to have engaged in misconduct for which a private admonition was imposed. The board filed the notice of appeal of the admonition one day late. On appeal, the board argued that the "ten-day time limit...is not a mandatory deadline and will not prevent the court from reviewing the Commission's disposition unless Attorney Doe can show the delay was prejudicial." The court rejected that argument and dismissed the appeal without considering the merits. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/04/a-day-late.html

Bar Discipline & Process | Permalink

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