Attorney-at-Law

STRAIGHTEN UP AND FLY RIGHT

In Uncategorized on 08/08/2013 at 17:18

No, not the 1943 hit by the King Cole Trio, as written by the late great Nat King Cole and Irving Mills, but rather Judge Chiechi’s admonition to an attorney (who shall here be nameless) who appears to be following in the footsteps of Freddie; see my blogposts “How Not To Do It”, 11/21/12, and “Utterly Helpful”, 1/18/13.

Here’s the story, ripped from the text of the order in Farrokh E. & Minoo S. Pourmirzaie, Docket No. 12894-12, filed 8/8/13.

IRS moved to toss Farrokh & Minoo and enter decision. Judge Chiechi did, so Farrokh & Minoo move to vacate.

Judge Chiechi: “The thrust of petitioners’ motion and petitioners’ reply is that petitioners were not aware of the (1) negligence of their counsel of record (counsel), including counsel’s negligence in not appearing at the call of this case from the calendar at the Court’s May 14, 2013 trial session in San Francisco, California, and not informing petitioners until after that session concluded that this case was calendared for trial at that trial session, and (2) counsel’s lack of cooperation with respondent. Petitioners are now aware of counsel’s negligence and lack of cooperation. They should also be aware, as the Court is aware, that their counsel continues to be negligent in other ways in representing them in this case. For example, petitioners’ counsel attempted twice to file electronically petitioners’ reply. In the first such attempt, their counsel did not comply in all respects with the Court’s Order dated July 9, 2013. In the second such attempt, the document that counsel attempted to file electronically contained careless mistakes. The Court rejected each of those attempted electronic filings and required counsel to comply with the Court’s Order dated July 9, 2013, and to correct the careless mistakes contained in the second attempted electronic filing. The Court admonishes petitioners that they as well as their counsel will bear the consequences of any future negligent, uncooperative, or otherwise irresponsible and unprofessional conduct by their counsel.” Order, at p. 1.

So dismissal and decision are vacated, and get ready for trial, guys; but first, straighten up and fly right.

Yes, there were T. C. Memos today, but one of them was a disability income case with nothing new in it, and the other was a discussion of material participation in bull breeding. I’m not going there.

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