H. Litigation Flashcards
What is required for Lawyer to commence/defend ‘civil’ proceedings OR assert/controvert ‘civil’ issues?*
1) Basis in law
2) Basis in fact
3) NO frivolous conduct
- Must serve on party/submit to court
- Paper with signature constituting Lawyer’s certification of NO frivolous evidence
When is Lawyer’s conduct considered frivolous?*
Lawyer knowingly advances claim/defence that is NOT warranted under existing law
Lawyer’s conduct has NO reasonable purpose, other than to;
- Delay/Prolong resolution of litigation
- Harass/Maliciously injure another party
Lawyer knowingly asserts FALSE material factual statements
What happens if Lawyer’s conduct is found to be frivolous?*
Lawyer must pay;
- Reasonably incurred expenses
- Reasonable attorney’s fees
- Sanctions < $10,000
What punishments may be made towards Lawyer’s failure to appear in court at scheduled time and place (with NO good cause)?
Costs + Sanctions < $2,500
Civil + Criminal cases
May Lawyer use means to delay/prolong proceedings?
NO
- UNLESS for substantial purpose
What is required by Lawyer to show fair competition towards opposing counsel?
NOT suppress evidence Lawyer is legally obligated to produce
NOT advise/cause person to hide as unavailable W
NOT knowingly use perjured testimony/false evidence
NOT disregard Tribunal rulings
- UNLESS testing validity of ruling in good faith
NOT asserting before Tribunal personal knowledge of facts in issue
- UNLESS testifying as W
NOT asking NOT reasonably relevant qs + intended to degrade W
NOT threaten to present criminal charges solely to gain advantage in civil matter
