Monday, December 2, 2013

Sanctions Just Never Seem to Stick

In re Marriage of Bianco, No. D062061 (D4d1 Nov. 22, 2013)

An attorney drew a $43,000 sanction from the trial court for hiring a suspended attorney as her co-counsel in a divorce case. That violated California Rule of Professional Conduct 1-300(A). The trial court purported to issue the sanction under California Rule of Court 2.30(b). But that rule permits sanctions only for violation of the Rules of Court (and not the rules of Professional Conduct) and only to certain kinds of cases, which do not include family law proceedings. Since Rule 2.30 did not authorize the sanction, it was improperly levied.


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