Chapter eight special issues in advocacy
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Chapter Eight Special Issues in Advocacy. In this chapter, you will learn about: The duty to represent clients zealously Unmeritorious claims, delay, and abuse of discovery Disruptive courtroom tactics and sanctions for those actions Sanctions for disobeying court orders

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Chapter EightSpecial Issues in Advocacy

In this chapter, you will learn about:

  • The duty to represent clients zealously

  • Unmeritorious claims, delay, and abuse of discovery

  • Disruptive courtroom tactics and sanctions for those actions

  • Sanctions for disobeying court orders

  • Contempt power and its use

  • Candor and honesty in areas involving paralegals

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Chapter EightSpecial Issues in Advocacy

  • Relationships and communications with judges

  • Contact with jurors

  • Contact with represented parties

  • Contact with unrepresented parties

  • Contact with witnesses

  • Trial Publicity

  • Special rules for prosecutors

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Unmeritorious Claims, Delay, and Discovery Abuse

Two specific kinds of acts fall into this category:

  • Actions that only serve to harass or to injure another maliciously

  • Claims or defenses that are unwarranted under existing law unless the lawyer has a good faith argument to change the law


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Examples of Disruptive Conduct in the Courtroom

  • Raising an unfounded objection to break opposing counsel’s train of thought

  • Making faces or gestures to the judge or the jury

  • Asking a question that alludes to evidence known to be inadmissible

  • Insulting the judge or opposing counsel

  • Referring to the proceedings in an insulting or rude manner

  • Making unsupportable, inflammatory, or prejudicial side remarks to the jury


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Contempt

  • Contempt is an act that obstructs the administration of justice, impairs the dignity of the court, or shows disrespect for the authority of the court.


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Perjury

  • Criminal offense of making false statements under oath


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Spoilation

  • Destruction of evidence that may result in a civil cause of action for damages for interference with the ability to prove a claim or defense


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Ex Parte

  • Ex parte means an action taken by or on behalf of a party without the presence of the opposing party.


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Contact with Parties and Represented Persons

  • Attorneys are prohibited from communicating with parties who are represented by counsel and must communicate directly with the person’s counsel.


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Subornation of Perjury

  • Criminal offense of encouraging another to commit perjury


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