Universal Cooperatives, Inc. v. Tribal Co-Operative Marketing Development Federation of India, Ltd., Larry Klayman

HEANEY, Senior Circuit Judge.

In this case we confront a lawyer caught between his client and the court. Specifically, we are presented with the question of when counsel should be sanctioned for a client’s failure to appear before a magistrate as ordered. We conclude that a lawyer who has used his or her best efforts to secure the compliance of the client ought not be subjected to sanctions in these circumstances. In light of the facts outlined below, we affirm the fine imposed on Tribal Co-Operative Marketing Development Federation of India (“Trifed”), but reverse the magistrate’s sanctions…