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This was a hard article for me to read.
That's got nothing to do with my reaction to the content, and everything to do with the fact that I'm in Europe right now, and the DMN, like lots of American news websites, is geoblocked here because of the GDPR.
As far as the content goes, a couple of quick thoughts:

(1) Situations like the one the defense counsel found themselves in here are a good example of law being much more of an art than a science.
That's always true, but it's particularly apparent when there aren't rigid rules and the judges have lots of discretion. When that happens, there's a huge gap between the set of minimum things that are legally required and what you need to do to get what you want for your client.
In those situations, lawyers need to - I was going to say "make use of their experience and professional judgment," but the more honest phrasing a lot of the time is really "make educated guesses." And, sometimes, that involves taking risks.
Sometimes the guesses are right (often because they're very educated guesses based on lots of experience and professional judgment) and sometimes they're not (because the judge gets to pick which of umpteen factors is most important and you're not a mindreader).
And sometimes the risks pay off, and sometimes they don't.

(2) That said, even if the fees and sanctions don't come out the way some hope they will, it sounds like there may have been some payoff in terms of further buttressing some substantive points for the appeal.
And that's good, because no matter how solid your appeal is to begin with, it can never be too solid.

(And sometimes things lawyers do can simultaneously help and hurt different aspects of a case.)
(3) Despite what Judge Chupp may have indicated about taking a look at the notary issue, I'm not going to get my hopes too high on sanctions there, for reasons I gave yesterday in the thread on sanctions and judicial workloads.
(4) If there's Monday morning quarterbacking of the defense approach when the transcript comes out - and there may be - and you're not a lawyer, I'd really encourage you to read a lot of it. And when you do, don't just look at the content, but at the way things are being argued.
A lot of lawyers - I'm one of them - think that there's more gain in constructive criticism than there is in praise. Praise can reinforce the good stuff, but digging into the different ways things could have been done is how to learn how to do stuff better the next time.
Anyway - I've got a full day and then some today, so not sure how much time I'll have for twitter (especially since that should have been true yesterday, too).

But a quick refresher on where I've been on fees/sanctions since before the hearing:
(1) My prediction on sanctions has always been anywhere from $1 to double the fees.
(2) My prediction of fees was that everyone except maybe Sam was going to get a bit of a haircut, probably in the 10% to 25% range.
(3) If anyone escapes with only a nominal haircut it will be Sam.
(4) If the total for the current fees (not contingent on appeal) and sanctions is under - I think I said $350k, might have put it slightly higher - I'd be OK with saying that Martinez Hsu pulled out a win.
(5) Saying Martinez Hsu pulled out a win will not in any way carry over to Beard and the Band of Buffoons. If you put your client into the fire, you don't get victory points for keeping the damage to only second degree burns.

/fin
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