If Ty knew that he could submit unsworn declarations, which he obviously does, having any notarized affidavits with his name on it was a mistake. This just invites problems. There were all sorts of things that he could have done to avoid the impression of impropriety. If he does not produce a book that shows the proper records and signatures, I have to say that defense is entirely entitled to seek sanctions, and that was a bad Ty. Bad Ty! Don't do that again!
That being said, I get the sense that Chupp is a no nonsense type of guy. To be fair, there was no harm done on the case as those affidavits didn't live an entire day before being withdrawn and substituted with unsworn declarations. I don't think Chupp will sanction Ty other than a verbal or written warning. I can't say if Ty should lose his notary license, but I would not cry if he did. (Again, assuming he didn't follow the proper procedure) Still, it is too soon for the defense to be accusing the plaintiffs of fraud; they have only suspicion to support their claims.
I suspect that sanctions will come to lawyers who maliciously or prematurely accuse another lawyer in court of fraud. That's a serious allegation, and it could severely impact the practice of an attorney in any state.
But, I'm to the point where I am frustrated with the games of both sides. If I were Chupp, I would tell the Furher the next time he files a motion to strike because a submission was 20 minutes late, he can go ahead and schedule a show cause hearing for frivolous filings. Stop wasting the court's time with games, and let's focus on the law and the facts of the case - not the lawyer's egos and gamesmanship. We're supposed to be finding the truth and judiciously applying the law. My patience would have run out with the defense, and the plaintiffs should know better than to act like the defense.
And honestly, Ty's work lately has been less than expected. Regardless, it does look like he laid out a solid case, but there was a lot of unprofessional mistakes and what looks like rushed work when BHBH had more than enough time to complete their work. As any college student will tell you, you don't submit an assignment at the last minute to account for submission mistakes. Don't take the chance, and it appears BHBH is playing a little too loose with their branding and professional reputation for my taste.
Maybe a little less time on Nick's stream and a little more time making sure you get your t's crossed and i's dotted and submitted on-time. I know Ty's got other cases, but hey, it's his name at the bottom of every motion, along with his firm. I'd be embarrassed.
Hopefully, Ty will bring his A game to the hearing. Sadly, I think we have already seen the Furher's A game.
