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Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P45

Gale Encyclopedia of American Law Volume 1 P454 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 428 ATTORNEY MISCONDUCT responsible only for offenses that indicate lack of those characteristics relevant to law practice. These include violations involving violence dishonesty breach of trust or interference with the administration of justice Model Rules of Professional Conduct Rule 3 . Nevertheless violations of the law may seriously impair an attorney s professional standing. Ethical rules also govern the conduct of attorneys before courts. Thus an attorney is guilty of misconduct toward the court if he or she brings a frivolous or unnecessary proceeding to court makes false statements to the court offers false evidence or unlawfully obstructs another party s access to evidence. It is also considered misconduct if an attorney attempts to influence a judge or juror by illegal means such as bribery or intimidation or states personal opinions regarding the justness of a cause or the credibility of a witness. Special rules govern trial publicity as well. These forbid an attorney to make statements outside of court that will influence a court proceeding. For example an attorney may not make statements related to the character credibility guilt or innocence of a suspect or witness in a court proceeding. Attorneys are forbidden to communicate directly or indirectly with a party represented by another lawyer in the same matter unless they receive permission from the other attorney. This law is designed to protect laypersons involved in legal proceedings from possibly hurting their cases by speaking with the opposing lawyer. Federal and state laws also define attorney misconduct and empower judges to discipline wayward attorneys. Rule 11 of the Federal Rules of Civil Procedure 28 U.S.C.A. for example requires sanctions for lawyers and clients who file frivolous or abusive claims in court. In a 1989 case Nasco Inc. v. Calcasieu Television Radio 124 F.R.D. 120 W.D. La. a federal district judge suspended two lawyers and disbarred another for illegal and fraudulent schemes