Attorney-at-Law

I AM THIRD – PART DEUX

In Uncategorized on 01/26/2021 at 13:24

My colleague Peter Reilly, CPA, has a blogpost interfacing grumpy old men with DAWSON, to which your attention is respectfully directed. I will own the appellation “grumpy old man”; if the shoe fits, I wear it, however dusky it may be.

I have been very hard on DAWSON (I can hear readers saying “No! If you hadn’t’a told me, I’d never have known!”). But Mr Reilly and Mr Milgrom have a very valid point, and it stopped me on a dime.

Yes, DAWSON falls short of reasonable transparency from the journalist’s point of view, and compliance with Section 7461 is at Pirates of the Caribbean standards: “guidelines. Aspirational goals.”

But DAWSON was not designed solely for the convenience of the trade press or the blogosphere.

DAWSON was designed for the self-represented and the practitioner, the people in the trenches. DAWSON did give them the online filing of petition and amendment thereto, finally bringing Rule 34(a) as amended in 2018 into the Twentieth Century, if not the Twenty-first. It gives them every standing scheduling order as they are issued each day, so they needn’t wait for the snail-mail version. It lets them find the docket of their case, the only case that matters, quicker than the old way.

Those of us in the ivory tower behind the lines, who observe the struggle from afar, may object that we haven’t been given a larger window or better binoculars. And our gripes are meritorious. I write every blogpost in compliance with FRCP 11 and our New York Rule 130; no frivolity.

But I must admit in fairness: The petitioner is first, the active litigating practitioner is second.

I am third.

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