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