Career panic

[fredtoast]

The Court of Appeals for the Eastern District of Tennessee is in Knoxville. I now practice in Tazewell which is about an hour away. I have filed many appeals over the years but I had never used the on-line filing system before. Back on February 15 I filed a brief using this system. On March 6 I received a Show Cause from the Court of Appeals because I had not filed my brief and it was now three weeks past the deadline. I have never mossed a filing deadline before so I immediately shit my pants. I had downloaded the brief but I had not taken the final step to actually complete the filing and there was no record to prove I had downloaded it on 2-15. This is a civil case involving a judgement of over $20K. If the appeal was lost because of my mistake I could be liable for that amount. I could also be found to have committed malpractice and possibly even get my license suspended.

I filed an answer to the Show Cause, but I had no idea how the Court would handle it. I assumed they were very strict and would only excuse a late filing for something like an illness or family emergency. Especially when the delay was 3 weeks.

Today I received a notice from the Court that they would accept the late filed brief. Tonight will be the first good nights sleep I have had since March 5. I have never had to wait for test results for a serious medical condition, but that is what this has felt like. My hands were actually shaking a little when I opened the letter from the Court.

Think I might go out and drink a couple of cold ones tonight.

If I can find anyplace open.

[Stewy]

(03-19-2020, 02:07 PM)fredtoast Wrote: The Court of Appeals for the Eastern District of Tennessee is in Knoxville.  I now practice in Tazewell which is about an hour away.  I have filed many appeals over the years but I had never used the on-line filing system before.  Back on February 15 I filed a brief using this system.  On March 6 I received a Show Cause from the Court of Appeals because I had not filed my brief and it was now three weeks past the deadline.  I have never mossed a filing deadline before so I immediately shit my pants.  I had downloaded the brief but I had not taken the final step to actually complete the filing and there was no record to prove I had downloaded it on 2-15.  This is a civil case involving a judgement of over $20K.  If the appeal was lost because of my mistake I could be liable for that amount.  I could also be found to have committed malpractice and possibly even get my license suspended.

I filed an answer to the Show Cause, but I had no idea how the Court would handle it.  I assumed they were very strict and would only excuse a late filing for something like an illness or family emergency.  Especially when the delay was 3 weeks.

Today I received a notice from the Court that they would accept the late filed brief.  Tonight will be the first good nights sleep I have had since March 5.  I have never had to wait for test results for a serious medical condition, but that is what this has felt like.  My hands were actually shaking a little when I opened the letter from the Court.

Think I might go out and drink a couple of cold ones tonight.  

If I can find anyplace open.

Nice dodge Fred!  Gratz on the court being reasonable!

[SunsetBengal]

Glad that the situation worked out for you. It's not everyday that a person gets excused for a professional oversight like that.

I had a close call on my job, a couple of years ago. I surveyed a piece of ground that was part of an old family farm that was purchased for commercial development. There was an abandon block building that was encroaching the property line by several feet (like half of the building). I had fully intended to locate the building the first time I was out there. However something more pressing came up, and I got called to fix a situation for a construction site superintendent. Eventually, I completed the field work, and drew it up back at the office. We had a lot going on at the time, so my manager, who's PLS I operate under never noticed my oversight, and he went ahead and sent the preliminary plat to the client's attorneys.

Thankfully, we have a great relationship with this client and their legal team. One of their guys who does site prospecting for them had noticed the building, in a recon visit to the site, prior to ordering the Survey. They were able to list it in the comments, prior to submitting for recording. Had that plat been recorded without showing the encroachment, my manager could have been held liable for cost of demolition of that structure, and I would have been looking for a job..

Ever since, I now take pictures of every site that I work on.

[fredtoast]

(03-19-2020, 04:38 PM)SunsetBengal Wrote: Glad that the situation worked out for you.  It's not everyday that a person gets excused for a professional oversight like that.  

I don't know why they did, but I am never going to find out again.

I have been licensed for 30 years with no mistakes like this before.  Don't know if that made any difference or not.

[SunsetBengal]

(03-19-2020, 04:59 PM)fredtoast Wrote: I don't know why they did, but I am never going to find out again.

I have been licensed for 30 years with no mistakes like this before.  Don't know if that made any difference or not.

I like to think it does.  A career perfect record says volumes about your professionalism.  I'd say that those in authority would absolutely hate to ding you for something like that.  My mentor has been a PLS since 1984, and never had any reports against him to the State Board of Engineers and Examiners.  When my time comes to apply to test for licensing, his signature of endorsement will be invaluable to me.  Not sure how the State Bar operates, but in my field;  In addition to the educational and practical experience requirements, a person must also have positive endorsements from 3 PLS. 

[BrownAssClown]

Glad it worked out for you Mr. Toast. Now if we could all get past this virus deal, it could turn out to be a pretty good year.