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Lawyers in the Dock$
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Richard L. Abel

Print publication date: 2008

Print ISBN-13: 9780195374230

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195374230.001.0001

The Purloined Papers

Chapter:
(p. 389 ) Chapter 7 The Purloined Papers
Source:
Lawyers in the Dock
Author(s):

Richard L. Abel (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195374230.003.0007

Most disciplinary proceedings charge lawyers with betraying clients; but the profession itself is equally upset when lawyers display excessive zeal on behalf of clients at the expense of the integrity of the legal system. A lawyer, convinced of his client's cause, collaborated with her in misappropriating papers belonging to opposing counsel in order to demand a settlement. When the judge dismissed the case with prejudice, the lawyer responded by moving her recusal on grounds that her judgment had been distorted by a diagnosis of and treatment for cancer. When her dismissal was upheld on appeal, the lawyer filed three duplicative lawsuits in federal court, ignoring res judicata.

Keywords:   excessive zeal, recusal motions, misuse of opponents' discovery errors

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