April 6, 2023

Attorneys Required to Atone for Late Notice by Holding Up Signs in Courthouse Lobby

 Lowering the Bar - According to Law360 (sub. required), on Saturday a Delaware court ordered two attorneys to stand in the courthouse with signs referring to a settlement hearing that the court had agreed to postpone. The hearing had been scheduled for yesterday, April 4, but on Saturday the ODP Corporation (Office Depot) asked to postpone the hearing, saying it had inadvertently failed to notify interested parties of the time and place. “That is disappointing,” the court grumbled, but decided it had no choice but to reschedule.

But what if someone had heard about the hearing and decided to show up, without knowing about the postponement? That “risk is low,” the court admitted, but such potential attendees should not be prejudiced by the company’s error. Therefore, it ordered the company to pay the travel expenses (if any) of anyone who did show up, and, more to the point here, required two of its lawyers to stand in the courthouse with signs that would alert any such person to the situation.

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