Tuesday, April 24, 2012

Deadbeat Lawyer's Case: Dead on Appeal

Hot off CCRA's press is news that the appeal of a deadbeat lawyer is dead. The decision was filed and certified for publication on April 20, 2012. This represents a major victory in what could have had a devastating effect upon any court reporter or agency trying to collect fees.


CCRA's President Early Langley assisted appellate lawyers Philip Landsman, Robert F. Cohen and Frances L. Diaz by writing an amicus curiae letter on behalf of the plaintiff court reporting firm, Personal Court Reporters, Inc., and all the court reporters in the state of California.

The deadbeat lawyer tried to make this case into a violation of free speech. In the Second Appellate District, Division Four, the court found that the causes of action do not arise from his free speech. Instead, they found that his nonpayment of overdue invoices was really at issue.

This illustrates the point that no matter what legislation may exist to get a deadbeat lawyer to pay his bills, there will always be someone out there who will find a way to avoid paying. And in this case, the lawyer went all the way, at a cost of thousands of dollars to the court reporting firm.

To view the published opinion, visit http://www.courtinfo.ca.gov/opinions/documents/B229358.PDF




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