Which is the correct definition of opposing counsel?
Opposing Counsel: 1 Lawyer or attorney representing the opposing party in a lawsuit or dispute 2 The plaintiff’s lawyer is an opposing counsel to the defendant’s lawyer and vice-versa 3 Opposing lawyers have the duty to respect their professional code of conduct 4 Adopting good strategies can make dealings with opposing lawyers much easier
Do you have the right to confront opposing counsel?
A lawyer also has the right to confront opposing counsel with evidence of misconduct and to ask whether opposing counsel denies the misconduct or can cast doubt on whether it occurred.
Can a court disqualify an attorney for a conflict of interest?
OF INTEREST A court, in exercise of its inherent powers of supervision,1 may disqualify counsel found to be in conflict of interest with respect to a case before the court. When opposing counsel is in a serious conflict of interest, it is clearly the duty of an attorney to move for disqualifica- tion.
Can a lawyer threaten to file a grievance against an opposing counsel?
When those criteria are met, then merely threatening to file a grievance makes no sense because the opposing lawyer and his client cannot do anything to negate the mandate of DR 1-103 (A). A lawyer has the right to file a grievance against opposing counsel without notice in these circumstances.
Can a plaintiff rely on a defendant’s discovery?
A plaintiff may not rely upon contentions within the complaint or within plaintiff’s discovery responses to support an opposition to a motion for summary judgment, or at trial. Likewise, a defendant may not refer to his own discovery responses as evidence in support of a motion for summary judgment, or at trial.
What happens when your counsel is removed from a case?
As such, when your counsel petitions the court to be removed from the case, the opposing counsel can claim that the fraudulent evidence that is provided at trial cannot be contested by you. The Judge only needs to inform you that you should not have dismissed your counsel and that your prior counsel accepted that evidence on your behalf.
How can an attorney prove fraud upon the court?
Your attorney can directly state that there is a lack of evidence to prove that they omitted the fact intentionally. Furthermore, the opposing attorney and the judge will cite that the issue was never raised by opposing counsel and therefore your attorney did not have any need to bring the matter into the case.
Can a party’s own discovery and pleadings be relied upon?
A party’s own discovery and pleading contentions are considered self-serving, and lack the necessary evidentiary value to be relied upon. Further, opposing counsel lacks the ability for cross-examination regarding such proffered evidence.