May 27, 2023

Lawyer uses ChatGPT to draft federal court brief; it does not go well

 “When Avianca asked a Manhattan federal judge to toss out the case, Mr. Mata’s lawyers vehemently objected, submitting a 10-page brief that cited more than half a dozen relevant court decisions. There was Martinez v. Delta Air Lines, Zicherman v. Korean Air Lines and, of course, Varghese v. China Southern Airlines, with its learned discussion of federal law and “the tolling effect of the automatic stay on a statute of limitations.”

There was just one hitch: No one — not the airline’s lawyers, not even the judge himself — could find the decisions or the quotations cited and summarized in the brief.

May 24, 2023

The mother of all abuse of process

 From https://www.courts.ca.gov/opinions/documents/A164148.PDF:


No doubt due to the scattershot presentation of issues by Kinney, neither party gives us a cogent explanation of the wider context behind the events immediately at issue here. That context is illuminating. [...]

1. The Ferndale Cases Stated generally, the pertinent facts are as follows. Eighteen years ago, Clark had the misfortune of selling a home to Kinney and Kempton in the Silver Lake neighborhood of Los Angeles. (Kinney v. Clark, supra, 12 Cal.App.5th at p. 727.) What began as a dispute over a fence and some purported easements led to multiple lawsuits in Los Angeles County Superior Court by Kinney and Kempton against Clark, various Silver Lake neighbors,. [...]

There is no question Kinney was the ringleader in all of this. A Second District Court of Appeal panel observed in 2011 that “[w]ith Kinney at the helm, Kempton has pursued six lawsuits in Los Angeles Superior Court over the last five years. All of the lawsuits relate to real property owned by Kinney and Kempton (the K’s), located on Fernwood Avenue in the Silver Lake neighborhood of Los Angeles . . . . The K’s have continually—and resoundingly—lost their cases in the trial courts. As one trial judge aptly wrote in a statement of decision, Kinney is ‘a relentless bully’ who displays ‘terrifying arrogance’ by filing ‘baseless litigation against the City and its citizens.’ ” (In re Kinney, supra, 201 Cal.App.4th at p. 953.) 2. The Federal Litigation and the Vexatious Litigant Orders After suing unsuccessfully in state court, Kinney and Kempton filed a series of equally unmeritorious actions in federal court attempting to relitigate issues they previously lost in state court. As judgment after judgment in these cases went against them, the federal litigation snowballed into a series of actions against Clark’s attorneys3 and various official actors who were involved with the litigation and the subsequent disciplinary proceedings, including the State Bar,4 members of the Second District Court of Appeal panels that rejected the appeals in the Ferndale cases,5 a federal district court judge,6 and every member of the California Supreme Court who voted on denials of review in those cases.7 There were dozens of these satellite federal actions.

The opinion continues in this vein.

Amazing.


May 20, 2023

CalBar to institute snitch rule

 Via nien clicks nien links:

Lawyers in California may soon be required to report professional misconduct by their peers and colleagues—as do attorneys in every other state. The State Bar of California’s board of trustees on Thursday voted for a new ethics rule mandating that lawyers report fraud, misappropriation of funds and other criminal acts or conduct that reflect adversely on lawyers’ “honesty, trustworthiness, or fitness,” by fellow attorneys.

The board recommended the new so-called “snitch rule” to the California Supreme Court, which has the final say on adoption.