1 / 10

Chapter Eight Special Issues in Advocacy

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

boyd
Download Presentation

Chapter Eight Special Issues in Advocacy

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. 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 Page 1 of 2

  2. 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 Page 2 of 2

  3. 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

  4. 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

  5. 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.

  6. Perjury • Criminal offense of making false statements under oath

  7. 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

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

  9. 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.

  10. Subornation of Perjury • Criminal offense of encouraging another to commit perjury

More Related