Devault v. Steven L. Herndon

If I were to decide this case solely on the facts set forth in the majority opinion, I would no doubt concur with the majority, but when the applicable standard of review is superimposed on the complete factual background, the extreme sanction of dismissal was not only unwarranted but is a gross miscarriage of justice.

There are many cases holding that dismissal is an extreme sanction which should not be employed without:(1) some showing of bad faith on the client’s part as distinct from the attorney’s conduct; and(2) other less severe sanctions having first been imposed.

The best statement of…