You Can’t Make This Up

by | August 27, 2004 | Articles, Just Plain Interesting

Bar exam hypothetical:  A two-lawyer, one-secretary firm
is handling a malpractice case against a bankrupt hospital.  In
September a key deadline in the matter—when claims must
be filed to be recognized as pre-bankruptcy and therefore entitled
to preferential treatment—is set for December
31. 

Also in September, Partner #1 receives word that his long-standing
petition to adopt a child in China has been granted and he must
fly over immediately.  He doesn’t return until late November.  Meanwhile,
Partner #2 is called up for active duty and departs for Iraq.  The
secretary, alone in the office, goes into premature labor and is
out on maternity leave from December through February.

The firm misses the deadline.  "Excusable neglect?"

No.

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