Breach of contract case. Defense attorney cites doctrine of laches as a defense. Attorney has been made aware that breach of contract has a defined statute of limitations and laches defenses can only be imposed in cases where statute of limitations are undefined (Lavin v. Hackensack Board of Education). Attorney proceeds to threaten sanctions, invoking doctrine of laches (again). Defense has been shown the laches defense lacks merit. Is the continued citation to laches in a sanctions threat an ethics violation?
"shown" in what way? Instructed by the judge or by you? And he needs to keep it in to raise it in any appeal. No violation in my opinion.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
No. An ethics violation is a breach of the morals of the legal profession, which is not the case here. The subject attorney seems as if he is preserving the right to argue laches in an appeal.
Although this advice is offered in good faith and is intended to be accurate and helpful, it is no substitute for a full consultation with an attorney of your choice, and it does not establish an attorney-client relationship between us. However, I will be happy to speak with and meet you if I can help you here in New Jersey, where I have been licensed for 30 years. I accept criminal, military, ethics/professional responsibility cases, and basic estate planning matters. Good luck and best wishes with your legal issue. Regards, Lee A. Gronikowski
Leaving all matters of NJ state law to NJ lawyers, I will add this. The goal is to win your case. Regard sanctions as a side trip. One of my old mentors always told me: "If you get out of the sandwich, don't go back for the ham and cheese.."
Let the other side annoy the judge and enjoy the edge.
If the defense attorney has any legitimate claim at all, and I mean any, that laches might be an appropriate argument, regardless of what plaintiff's counsel says, then there is nothing wrong with the defense continuing to make that argument. There can be legitimate disagreement about what cases mean as well as disagreement as to whether one case applies to another.
I am licensed in Pennsylvania. Members of my firm are licensed in various states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation, social security disability and legal malpractice. Nothing I write on Avvo is legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in anything I write on Avvo without retaining your own lawyer in your state. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.
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