Law Practice,
Appellate Practice
May 18, 2022
Advice for new attorneys: The false declaration
In my experience, trial judges, by nature, presume professionalism, ethical conduct and good faith by the lawyers appearing before them. They don’t like attorneys taking out after each other in filings or in court.
James D. Crosby
James D. Crosby, Attorney at LawEmail: crosby@crosbyattorney.com
Univ of San Diego SOL; San Diego CA
Let’s say opposing counsel files a declaration in your ongoing civil matter addressing a material issue in the case. That declaration makes false statements – not tactically crafted arguments – that shade the truth, or slippery sentences that imply something that is false. What do you do? It’s perjury, right? It’s unethical, right? And it hurts your case or, perhaps, the perception of your case or that of your client or you before the court, right? What do you do? Re...
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