Ethics, Off Topic: Default Vacated By 4/3 DCA Panel In Stark Reminder That Law Is A Profession, Not A Business Only—Civility And Professional Courtesies Are Still Virtues

A Stirring Ethical Opinion, Which Every Attorney Should Read.

            We acknowledge that this post on Lasalle v. Vogel, Case No. G055381 (4^th Dist., Div. 3 June 11, 2019) (published) is not related to attorney’s fees, but it is worthy of a post and a reminder to all California attorneys that we are both officers of the court and have an ethical responsibility to act with civility.

            The facts are not complicated.  A quick default was taken, and a set-aside motion was denied.  The appellate court reversed the result based on the particular circumstances. 

            But that was not the end of the matter.  The 4/3 DCA, in an eloquent opinion, stressed that the law is still a profession, not a business only.  Scorched earth, feet-to-the-fire attitudes should not be condoned (especially in litigation).  Rather, attorneys need to provide advance warnings of draconian default maneuvers and follow the simple mandate of CCP §583/130, where parties are to cooperate with each other in bringing an action to resolution in reasonably diligent fashion. 

            We thank Acting Presiding Justice Bedsworth for this very salient opinion, authored on behalf of the 4/3 DCA panel.