Chapter Eight Special Issues in Advocacy

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