Yes, you can file a motion for sanctions and cite which rule opposing counsel is breaking. BizAttorney : Motion For Sanctions will be the title in the caption, you will state the facts that support your argument.
A motion requests the Court to take action under a specific Federal Rule. To oppose a motion, you must prepare an affidavit or affirmation. You will title your submission as appropriate, for example: plaintiff s opposition to defendant's motion to dismiss or for summary judgment. A form is attached to these instructions. DO NOT USE THIS
When faced with motions to disqualify opposing counsel for conflicts of interest, courts frequently must decide whether a lawyerâs violation of the disciplinary rules of the Code of Professional Responsibility is a sufficient reason for disqualifying the lawyer or her firm. Because judges have the ultimate responsibility for supervising the litigation process, it is unsurprising that New York courts have been reluctant to grant disqualification motions based solely on a Code violation.
Courts are occasionally asked to disqualify counsel because of alleged conflicts of interest arising from the attorney's present or former representa- tion of an interest adverse to that of his present client. Such requests have posed difficult problems.
8 Tips for Dealing with Difficult Opposing CounselPoint out Common Ground. ... Don't be Afraid to Ask Why. ... Separate the Person from the Problem. ... Focus on your Interests. ... Don't Fall for your Assumptions. ... Take a Calculated Approach. ... Control the Conversation by Reframing. ... Pick up the Phone.
Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...
In a nutshell, if opposing counsel isn't responding:Document your repeated efforts at contact, including your statement of the consequence of continued nonresponse.Wait a reasonable amount of time.To be safe, get a court order authorizing direct contact.More items...â˘
Ultimately, it isn't uncommon for attorneys in the community to have a friendly relationship. Don't be afraid if you even see the attorneys partake in some light banter back and forth.
Never Refer To Counsel In Argument Resist the impulse in Court to address opposing counsel directly â always address through the Court. It will keep you more civil and calmer (and it's what the Court wants anyway).
Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.
What is an ethical violation? In a nutshell, an ethical violation is something that is - spoken, written, actioned - that violates a company's documented code of ethics, mission, vision, values, and culture. We also know that ethical violations laugh in the face of what is considered normal societal behaviour.
The following are some of the most common ethical violations that can be encountered:The attorney failed to communicate with the client. ... The attorney has failed to return important documents to the client. ... The attorney demonstrated incompetence. ... Conflicts of interest were apparent. ... Financial discrepancy was apparent.
A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.
Writing to opposing counsel is never easy....Avoiding an Adversarial TonePrefer positive to negative words. ... Don't write when you're angry. ... Don't use value judgments designed to make readers feel bad about past mistakes. ... Apologize completely. ... Empathize before stating an opinion.
Hello. I'm taking this matter over for NAME and will be your main contact going forward. Please let others on your team know that and share my contact information with them. I'm still getting up to speed on the file but know that I would like to take your client's deposition sometime between DATE and DATE.
Two important pre-motion strategies are effective. First, identify and resolve potential conflicts, including both multiple and successive representations, before undertaking a representation or hiring a lateral.
Where a conflict exists, an effective written consent is the best defense to a motion to disqualify. Second, take effective steps to mitigate, if not eliminate, risks that a former clientâs confidences and secrets might be accessible to attorneys working on a matter involving the former client. Increasingly, courts nationwide have recognized ...
Typically, a former client seeking to disqualify a former attorney from representing an opposing party must identify specific, cogent information that the attorney possesses and show that the information is confidential and implicates the duty of loyalty.
Frequently, a former client accuses the attorney of having âinsider informationâ regarding the client that does not rise to the level of a client confidence. Indeed, even if the attorney does not possess any direct information regarding the present lawsuit or transaction, the client may say that the attorney understands how the client thinks and acts. The attorney may know the clientâs bottom line for settlement or how the client prefers to approach litigation. This is often referred to as âplaybook knowledgeââthe attorney knows the clientâs paths and approaches.
Few things are worse for an attorney than getting a new big matter, starting work on it, and then facing a motion to disqualify. At that point, the attorney is put in the awkward position of either explaining to the client why he or she should pay more money to keep the attorney, or absorbing the fees associated with defending ...
Attorneys should be aware, however, that clients can make a successful case for disqualifying attorneys who had a greatly invested role with the organizational client or where the playbook knowledge is uniquely and particularly relevant to the new representation .
Attempting to defeat the motion without advising the client is not an acceptable solution. In addition, if the motion is made by a former client, attorneys should consider providing notice of a potential circumstance to their legal malpractice insurer. Such motions are sometimes followed by either a grievance or a legal malpractice claim.
When a judge appears biased or has some form of inappropriate relationship with the parties (be it family, professional or merely friendly) you have a right to ask the court to recuse itself and to substitute a new judge.
In this First District Court of Appeal case one of the law firms representing one party had previously represented the other party.
Generally speaking, a lawyer cannot represent clients with adverse interests. So, for example, a lawyer cannot represent a plaintiff and a defendant in the same dispute. This is to protect a clientâs ability to share secrets with counsel, unafraid of the possibility that lawyer may use the secrets against them while representing an opponent.
Even when a lawyer does not represent two conflicting clients, she still may be subject to disqualification.
Many law firms avoid disqualification by focusing on certain types of clients. For example, many law firms exclusively represent large corporate defendants or individual employee plaintiffs so they are less likely to be prohibited from representing similar clients in the future.
I'm licensed in California although I tend to agree. If you're representing yourself, you might not have presented the salient facts to the judge in a manner that the judge could rule in your favor. Great advice by learned counsel on this forum. A consultation with a family law lawyer licensed in your state ought to answer your questions.
You didn't come out and say so, but it sounds to me like you are appearing and representing yourself pro se.
Motions to disqualify counsel are orchestrated for two primary reasons: Either an attorney or law firm have been unduly abusive or they have been so effective in defending or prosecuting a case that their adversaries want them off of it.
They are rarely granted because they threaten a clientâs Constitutional right to be represented by the advocate of their choice.
It is never the case that witnesses are called in a so-called evidentiary hearing because the conflict, if any, is factual and can be decided by a simple voir dire and as a matter of law. This content has been archived. It is available through our partners, LexisNexisÂŽ and Bloomberg Law.
The ruling with respect to conflicts are both discretionary and mandatory. They may be based upon an appearance of impropriety which is sometimes resolved by joint defense agreements or in still rarer cases by the appointment of counsel to review the situation and report to the court.