California OAH special education order · September 21, 2018
Order Setting Aside Order to Show Cause Re Margaret J. McNair
OAH Case No. 2018070743 · ALJ Peter Paul Castillo
OAH set aside its order to show cause against Student's co-counsel and managing attorney, finding she properly monitored a colleague's medical condition and could not have known the colleague would miss mediation.
Summary
After Student's attorney Lisa Shafii failed to appear at a scheduled September 13, 2018 mediation, OAH issued an order to show cause why her co-counsel and managing attorney, Margaret J. McNair, should not pay OAH's costs for the canceled mediation. OAH's concern was that McNair knew of Shafii's medical condition. McNair responded that she had asked Shafii about attending, Shafii assured her she could attend, and Shafii gave no sign the day before that she would miss it. OAH found McNair acted properly and set aside the order to show cause.
Why it matters
OAH may hold supervising or co-counsel attorneys responsible for mediation costs when a colleague fails to appear, but documented, reasonable efforts to confirm attendance can avoid sanctions.
People named in the order
- Lisa Shafii, Student's attorney
- Margaret J. McNair, Student's co-counsel and managing attorney, Hope4Families: A Special Education Law Firm
- Peter Paul Castillo, Presiding Administrative Law Judge
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2018070743 v. ORDER SETTING ASIDE ORDER TO
SHOW CAUSE RE MARGARET J.
COMPTON UNIFIED SCHOOL MCNAIR
DISTRICT.
On September 13, 2018, the Office of Administrative Hearings issued an Order to Show Cause why Student’s attorney, Lisa Shafii, should not pay OAH’s costs related to the cancelation of the scheduled September 13, 2018, 9:30 a.m., mediation. The Order to Show Cause called for Student’s attorney to submit a response to OAH by September 17, 2018.
OAH received the response from Margaret J. McNair, co-counsel and managing attorney of Hope4Families: A Special Education Law Firm, on September 14, 2018. OAH held that Ms. Shafii’s failure to appear was due to her medical condition and excusable, and set aside the order to show cause on September 17, 2018.
On September 17, 2018, OAH issued an Order to Show Cause why Ms. Shafii’s’ co- counsel, Ms. McNair should not pay OAH’s costs related to the cancelation of the scheduled September 13, 2018, 9:30 a.m., mediation. The Order to Show Cause called for Student’s attorney to submit a response to OAH by September 24, 2018. OAH received Ms. McNair’s response The basis for the order to show cause regarding Ms. McNair was her responsibility as managing attorney and co-counsel to know that Ms. Shafii might not appear at the mediation due to her medical condition as Ms. Shafii had informed Ms. McNair of her condition. In Ms. McNair’s response, she documents that she was in contact with Ms. Shafii regarding her medical issue and asked her about her attendance at the scheduled mediation in this case.
Ms. Shafii assured Ms. McNair that she could attend, and Ms. Shafii gave no indication on September 12, 2018, that she would not attend the mediation the next day as they communicated on pending cases, including this case. Therefore, Ms. McNair properly monitored Ms. Shafii after being informed her medical condition and had no way to know that Ms. Shafii would not appear at the mediation. Accordingly, the order to show cause is set aside.
IT IS SO ORDERED.
DATE: September 21, 2018
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings