lawyer_mentoring_guide_2011-artifacted.pdf — PaddleOCR-VL (Baidu)

3B. Duties of the Lawyer to the Client and the Administration of Justice

The following points are provided to facilitate a discussion about a lawyer's duties to the client and to the administration of justice.

1. Review and discuss the Illinois Rule of Professional Conduct 8.4(d):

https://www.iardc.org/newrules2010.htm#RULE_8.4: MISCONDUCT. What are the consequences when a lawyer is engaged in misconduct? What are examples of “conduct that is prejudicial to the administration of justice”? Might these examples also fall under the Rule 3.5(d) prohibition of “conduct intended to disrupt a tribunal”?

2. Review and discuss the Illinois Rules of Professional Conduct Preamble and Scope:

https://www.iardc.org/newrules2010.htm#Preamble and Scope. Throughout the Preamble and Scope, attorneys are called upon to be “zealous” advocates for their clients. How does “zealous” advocacy conform to duties of “civility”? When can zealous advocacy cross the line into incivility?

3. Review Illinois Supreme Court Rule 137.

http://www.state.il.us/court/supremecourt/rules/Art_II/ArtII.htm#137. How does this rule promote the effective administration of justice? How can this rule be used to address unprofessional abuse of the legal system by attorneys? Conversely, how might the pursuit of sanctions under this rule by one attorney against another promote incivility?

4. Consider real-world examples of incivility and unprofessional behavior interfering with the administration of justice that may rise to the level of sanction or discipline:

Harassing and humiliating deponents and mischaracterizing deponents' statements ( In re Fletcher, 424 F.3d 783 (8th Cir. 2005));

Filing briefs making inflammatory personal attacks against opposing counsel (In re Abbott, 925 A.2d 482 (Del. 2007));

Filing petitions that demean the judiciary and the legal profession (In re McClellan, 754 N.E.2d 500 (Ind. 2001));

Using profanities and physically attacking opposing counsel (In re Moore, 665 N.E.2d 40 (Ind. 1996); In re McClellan, 754 N.E.2d 500 (Ind. 2001));

Making accusations of bias and racism in retaliation for an unfavorable ruling (In re Hayes, 777 N.Y.S.2d 120 (N.Y. App. Div. 2004));

Posting information on website about confidential disciplinary investigation into alleged misconduct of rival law firm (In re Moran, 840 N.Y.S.2d 847 (N.Y. App. Div. 2007)).

5. Review and discuss the following:

http://www.attorneymccray.com/ALAWYER%27SDUTIESINTHEPRACTICEOFLAW.pdf A Lawyer's Duties in the Practice of Law by Gena Walling McCray, JD.