David J. Edwards - Page 13

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          posttrial briefs.  The consequence of Ms. Spaid’s knowing and               
          reckless behavior was to multiply the proceedings unreasonably              
          and vexatiously.  We found that Ms. Spaid had continued to                  
          advance the “Delpit”, “Scar”, and “Agency” issues long after we             
          warned her they were frivolous.                                             
               We recognized that petitioner originally appeared in this              
          case by filing his petition pro se, and that some of the                    
          frivolous arguments were originally contained in the petition.              
          In this regard, we observed that Ms. Spaid was liable only for              
          the consequences of her own misconduct, including advancing                 
          frivolous arguments initially developed by petitioner, but not              
          for actions taken by petitioner before Ms. Spaid’s appearance.              
          Respondent was ordered to submit an affidavit of the excess                 
          costs, expenses, and attorney’s fees incurred as a result of Ms.            
          Spaid’s unreasonable and vexatious multiplication of the                    
          proceedings.                                                                
               Respondent’s trial attorney, Ms. Zusi, filed the affidavit             
          as ordered.  Ms. Zusi reviewed respondent’s internal timekeeping            
          records, the legal files associated with the case, and the                  
          various letters and motions pertaining to the case.  These                  
          documents show that Ms. Zusi and her supervisor, Debra K. Moe,              
          spent 495.5 hours and 67.5 hours, respectively, working on the              
          case.  Ms. Zusi estimated that, out of these totals, she and Ms.            
          Moe spent 167 and 34 hours, respectively, on frivolous issues               






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