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Observations from the Circuit Court

Posted by Peter on June 20, 2009
ethics

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I saw a couple things in court recently I didn’t love and thought I’d write about them here.

First, a lawyer who doesn’t appear on a client’s case in court even though client was told about it in advance.  I observed this while sitting in a courtroom recently and didn’t like it. It wasn’t just entering an agreed order or something like that. There were lawyers for one parent and a child’s representative and then a client who just said my lawyer can’t be here today. You shouldn’t do that both for client perception reasons and ethical reasons. I mean how would you feel if your lawyer essentially says you’re not important…I’m not showing up today. I wouldn’t call that diligent representation (rule 1.3).

Second, lawyer’s who whine about getting paid by their client to me as the opposing lawyer. Obviously this is an issue we all face but I think it’s just plain tacky to complain to your opposing lawyer about it and it’s admitting weakness to your opponent giving her an advantage. I wouldn’t hesitate to file some papers and cause you to do some additional work to push a lawyer out of the case if it helps my client.

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