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Message: <blockquote data-quote="Snarf Zagyg" data-source="post: 9161052" data-attributes="member: 7023840">So, that's actually not that hard to understand. Recent example- it was a routine administrative matter. Administrative rules adopt many of the state civil procedure rules, but also have rules that are different. One major example of this is that in the state procedural rules, you are not required to confer on motions. In the administrative rules, however, you must confer prior to filing any motion; failure to do so means that motion is automatically denied.Anyway, the attorney in that action simply didn't know this small distinction, failed to confer, got the motion kicked out, and missed the deadline (which led to the administrative tribunal losing jurisdiction). Same issue pops up with all sorts of things; same state has a federal court with local rules that require conferral on all motions (other than a few that are expressly excepted), and you will always see attorneys who didn't look at the local rules and fail to do so. The discovery process is similar, but not the same, when it comes to criminal and civil practice. There are both more stringent safeguards as well as more informality in some areas. When I talk about informal differences, I really mean it. I remember some time ago when I was clerking for a judge, and they sent me to observe a family court proceeding. The point of the exercise was to see that while nominally, the rules of evidence were the same, the actual practice was wildly different and more informal. As for why ... I think [USER=19675]@Dannyalcatraz[/USER] referenced it. I doubt that the client is paying the attorney a high hourly rate (ahem), so it's not like the attorney will be spending a ton of time researching additional issues. Instead, he will likely be plagiarizing himself.</blockquote>

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