Lex Bar - Prof. Resp. Essay Flashcards
Under the Virginia Rules of Professional Conduct, a lawyer may not bring or defend a proceeding, or assert or controvert a legal issue, unless
there is a good-faith basis for doing so that is not frivolous.
It is not frivolous to make a good-faith argument for
an extension, modification, or reversal of existing law.
A lawyer may not make a false statement of
law or fact to a tribunal.
Lawyers must not obstruct another party’s access to evidence or alter, destroy, or conceal
a document or other material having a potential evidentiary value for the purpose of obstructing a party’s access to evidence.
A plaintiff may take a nonsuit of his case unless:
(i) the defendant’s motion to strike has been sustained;
(ii) the jury has begun deliberation; or
(iii) the action has been submitted to the court for a decision.
The Rules of the Supreme Court of Virginia authorize the imposition of sanctions, including:
(i) an order striking the pleadings;
(ii) staying further proceedings until the order is complied with; and
(iii) dismissing the action.
The court must require a party failing to obey its order to
pay the reasonable expenses, including attorney’s fees, caused by the failure to obey the order.
The Court can impose sanctions on its own motion, without
motion or request by the other party.
Insulting language directed toward a court and misbehavior of an officer of the court are grounds for
finding someone guilty of summary contempt and imposing a punishment for that behavior.
A judge may summarily punish for contempt by imposing
a fine of up to $250 or imprisonment for up to 10 days.
Virginia law authorizes any judge to prohibit a lawyer from practicing
before that court as a sanction.
The Virginia Cannons of Judicial Conduct provide that a judge having knowledge that a lawyer has committed a violation of the Code of Professional Responsibility that raises a substantial question as to the lawyer’s honest, trustworthiness, or fitness as a lawyer should
inform the Virginia State Bar.
