Appellate Litigation at its Worst

In NC State Bar v. Burford, found here, the Court reminded the parties that in order to submit issues for review, it is generally helpful to file a brief.  The opinion is found here: LINK

As Abraham Lincoln once opined, “He who represents himself has a fool for a client.”  In this appeal of an order of discipline of the Disciplinary Hearing Commission (“DHC”) of the North Carolina State Bar (“the Bar”), the petitioner, Robert J. Burford undertook the task of representing himself.  According to the Court of Appeals, “Mr. Burford, however, failed to include in his brief any substantive argument as to why there was error.”  His contentions were therefore abandoned. 

The Bar also appealed, argued that the DHC erred in certain findings of fact.  The Bar, however, did not file an appellant’s brief, but rather, “attempted to argue its contentions within its appellee’s brief."  The Bar’s contentions were therefore not properly before the Court.  

As such, the Court did not reach the merits of either appeal.  It did not stop them, however, from pointing out findings of fact related to Mr. Burford’s over-charging clients for both fees and expenses, and admonishing him for filing an appellate brief that was little more than a table of contents.  

The only person that should be happy with this appeal was the clerk tasked with writing it, as it no doubt made for short work and hopefully an early departure.