"Bad Writing Does Not Normally Warrant Sanctions, but We Draw the Line at Gibberish"

|The Volokh Conspiracy |


A line from Judge Diane Sykes' opinion a week ago in McCurry v. Kenco Logistics Services, LLC; see pp. 11-16 for more details. The opinion closes with:

Because we have a duty to "maintain public confidence in the legal profession" and "protect[] the integrity of the judicial proceeding," we confronted [lawyer Jordan T.] Hoffman about his brief at oral argument. He replied that he is a "solo practitioner" who tries "to get the help of … clients and whoever can provide help to [him]" and then "merge[s] that information." Whatever that means, it in no way excuses this unprofessional conduct.

Hoffman's filings fall far below the reasonable standards of practice. We therefore order him to show cause within 14 days why he should not be sanctioned or otherwise disciplined under Rules 28 and 38 of the Federal Rules of Appellate Procedure. We also direct the clerk of this court to send a copy of this opinion to the Illinois Attorney Registration and Disciplinary Commission for any action it deems appropriate.

UPDATE: The brief is available here.