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

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Title: Candor Versus Advocacy: Courts' Use of Sanctions to Enforce the Duty of Candor toward the Tribunal
Author: Floyd, Daisy H.
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.
URI: http://hdl.handle.net/10601/556
Related Resources: Click to follow Hein Online link Click to follow Lexis link Click to follow Westlaw link
Date: 1995

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