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Legal ethics for clients: What your litigation team cannot do

On Behalf of | May 17, 2023 | Business Lawsuits & Disputes |

If you are in the midst of a court case, your legal team is there to guide you and protect your rights. They should do everything in their power to put your interests first. However, lawyers are subject to certain rules and regulations. As a result, the representation that they offer must fall within the confines of the law.

Outlined below are some types of conduct that your lawyer cannot be engaged in.

Threatening the opposing party

While it may be the case that the opposing party in your litigation could face various penalties due to unscrupulous conduct, this is not your litigation attorney’s decision to make. Any suggestion that the other party feels threatened could jeopardize your case.

Interfere with third parties

Your attorney may be entitled to interview relevant parties in your case, and the opposing side should be able to do this also. But, you cannot request that your lawyer attempt to persuade a third party not to cooperate with the other side. Conversely, under certain circumstances, the court may assist witnesses with expenses, such as traveling to court from a distant location to testify. However, these expenses must be court-approved and the law firm you hired cannot pay expenses or fees without this approval.

Fail to disclose documents

As your case progresses, documents and other relevant evidence will be exchanged during the discovery process. Both parties should have access to pertinent information that may impact the outcome of the case. A request that your attorney conceal such information is both unethical and unlawful.

Raise a frivolous claim

If you are raising a claim, there should be substance behind it. In other words, there should be sufficient evidence for the court to consider. Although you may feel you have a legitimate claim, your legal counsel may feel otherwise based on the facts of your situation as they are applied to the law. You cannot and should not attempt to force your attorney to raise a frivolous claim on your behalf.

If you believe you have a viable claim, learn about your legal option during a consultation with us. We assist business clients who wish to pursue litigation or defend against legal claims.