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Ethics

: Legal Ethics Forum

Discovery sanctions affirmed for game playing; lawyer claims duty to be zealous -- "even at peril to myself."

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The opinion's here.  It deals with all-too-typical petty game playing during discovery, and the opinion is appropriately dismissive of the behavior of plaintiff's counsel.  (For example, when hit with an interrogatory requesting a statement of "economic damages" -- which is a statutory term of art in California and is, for example, incorporated in the official form interrogatories -- the plaintiff's lawyer responded, essentially (I'm paraphrasing), with, "since you didn't specifically cite the statute defining 'economic damages,' I must assume you have some other unknowable definition in mind.")

What caught my eye was the reported response of the plaintiff's counsel to the appellate opinion that was so dismissive of his behavior.  Unfortunately the whole article is behind a registration wall.  The quote:

"I wasn't sanctioned.  My client was sanctioned.  Nobody has ever suggested that I did anything wrong.  And my job under the rules of ethics is to be my client's zealous advocate -- even at peril to myself."

You could use that quote as a PR exam question and ask the students to critique each sentence! 

Full post as published by Legal Ethics Forum on September 24, 2009 (boomark / email).

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