Candor Versus Advocacy: Courts' Use of Sanctions to Enforce the Duty of Candor toward the Tribunal

Date

1995

Authors

Floyd, Daisy H.

Journal Title

Journal ISSN

Volume Title

Publisher

Georgia Law Review

Abstract

The dilemma of when lawyers must cite adverse authority is one that arises from the long-recognized conflict between the dual roles of lawyers as advocates for clients and officers of the court. The debate usually has involved two considerations: the lawyer's ethical obligation to cite adverse authority to the court and the strategic considerations involved in dealing with adverse authority. This Article suggests that a third consideration has recently been added to the debate: that of a court's expectation of citation to adverse authority and that court's willingness to use its sanctions authority to enforce its expectation.

Description

Keywords

Adverse authority, Candor, Advocacy

Citation

29 Ga. L. Rev. 1035