Creative Research Manufacturing v. Advanced Bio-Deliver LLC, (Del. Ch. Jan. 30, 2007), 2007 WL 286735, read opinion here, is a Chancery Court decision that chronicles in sordid detail the result of a difficult client going through a series of lawyers and ultimately suffering a default judgement, with no legal representation in the end, due to a failure to comply with court orders. The court initially did not award damages and ordered a further hearing pursuant to Rule 55(b), but the defendant did not appear for that hearing, at which time a final judgment was entered.
Notable is the court’s discussion of various Motions to Withdraw by attorneys for the defendant based on the following Rules of Professional Conduct: 1.16(a)(1); (b)(4); (b)(5); (b)(6) and (b)(7) — as well as based on the client’s insistence upon taking action or not taking action with which counsel had a fundamental disagreement.
The court also awarded attorneys’ fees as an exception to the American Rule as well as post-judgment interest pursuant to 6 Del. C. Section 2301(a). The court noted the current applicable interest rate as 11.25% (based on the Federal Reserve discount rate of 6.25% plus 5%.)