A recent ruling by Justice Aaron D. Maslow has sparked critical discussions about attorney representation and judicial oversight in civil matters. 

The Facts:

The case involved a plaintiff merchant cash advance company suing a defendant for breach of contract. During oral arguments for a motion for summary judgment, the attorney who appeared for the defendants in an of-counsel capacity. The decision notes “from the outset, and began presenting arguments at variance with the defendants' submitted papers in opposition.”

The presiding judge, Justice Aaron D. Maslow, intervened, discontinuing the oral argument and adjourning the motion. Justice Maslow directed the attorney of record to appear personally for future proceedings.

The Discussion:

The ruling delves into the complex intersection of attorney representation and judicial oversight in civil litigation. While criminal cases mandate effective assistance of counsel under the Sixth Amendment, civil cases traditionally hold attorneys accountable for errors or omissions, with limited exceptions. 

However, the court asserts that judges retain discretion to intervene when an attorney's lack of preparedness threatens the integrity of the proceedings.

Citing ethical and professional standards, Justice Maslow emphasizes the judge's duty to ensure competent representation and fair proceedings. The ruling underscores the importance of maintaining minimum professional standards in the courtroom, even if it means adjourning proceedings to rectify deficiencies.

The Conclusion:

In a definitive stance, Justice Maslow concludes that judges possess the inherent discretion to adjourn motions when attorney preparedness jeopardizes fairness. The ruling reaffirms the judiciary's commitment to upholding standards of professionalism and safeguarding the rights of all parties involved.

Moving Forward:

The ruling sheds light on the significance of attorney preparation, especially for per diem attorneys. Per diem attorneys, often hired temporarily to represent clients in court, play a crucial role in the legal process. However, their effectiveness relies heavily on thorough preparation and familiarity with the case. 

Clients utilizing per diem services must prioritize adequate preparation to ensure their interests are adequately represented in court.

For tips on effectively preparing per diem attorneys for court appearances, check out our blog post on the Best Ways to Prep a Per Diem.