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Tag Archives: Diligence

Contract – Civil Practice – Statute of Limitations – Reasonable Diligence – Contract Review – Real Property – Electric vs. Gas Water Heaters (access required)

Fairfield Electric Cooperative, Inc. v. DR Horton, Inc. Plaintiff discovered defendant’s alleged breach of contract by simply reviewing its contracts and visiting the outside of homes that defendant built. However, plaintiff did not undertake this simple exercise until about eight years after the first alleged breach.

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Attorneys – Discipline – Diligence – Acceptance of Responsibility – Prejudice to the Administration of Justice – Past Violations (access required)

In re Atwater Given respondent’s lack of diligence (allowing a client’s relatively simple case to stretch out over 10 years) and his refusal to accept responsibility for his part in the delays, we find that respondent violated Rule of Professional Conduct 8.4(e) by engaging in conduct prejudicial to the administration of justice. We suspend respondent from the practice of law for six months and order him to pay the costs of these proceedings.

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