Mar. 6, 2024
Recent guidance regarding attorneys' professional obligations related to appeals
See more on Recent guidance regarding attorneys' professional obligations related to appeals
John Sullivan
Partner
Long & Levit LLP
Email: jsullivan@longlevit.com
John handles professional liability cases, attorney fee disputes, partnership disputes, and state bar disciplinary matters. He also serves as the Chair of BASF's Legal Malpractice Section.
In Perry v. Kia Motors America, Inc. (2023) 91 Cal.App.5th 1088, the court of appeal ruled that appellant forfeited an issue because appellant's counsel misrepresented the trial court record in the opening brief. The opening brief, which challenged the trial court's failure to give a jury instruction related to allegedly concealed evidence, stated that the trial court found that respondent had concealed evidence despite the trial court having never made such a finding...
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