Louis Perez v. William Stephens, Director

I respectfully dissent.

Ordinarily, “the attorney is the prisoner’s agent, and under “well-settled principles of agency law,’ the principal bears the risk of negligent conduct on the part of his agent.” Maples v. Thomas, — U.S.-, 132 S.Ct. 912, 922, 181 L.Ed.2d 807 (2012). However, the Supreme Court has explained that “[a] markedly different situation is presented[ ] ... when an attorney abandons his client without notice, and thereby occasions the default.” Id. (emphasis added). “Having severed the principal-agent relationship, an attorney no longer acts, or fails to act, as the client’s…