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NJ: Failure to cite unpublished authority contrary to position is not a violation of candor

By John Wesley Hall, Jr.

An attorney's failure to cite unpublished authority contrary to his position is not a violation of candor to the tribunal because it is not "controlling authority." The court was clearly troubled by this decision, however, but only to the extent is seems offended by the attorney not citing a case with no binding authority which it admits is the law. Brundage v. Estate of Carambio, A-56-07 (N.J. July 15, 2008).

Full post as published by Law Of Criminal Defense on July 16, 2008 (boomark / email).