Monday, April 29, 2013

Limits Of Zealousness

The Kentucky Supreme Court has imposed a suspension of not less than 181 days in a case involving an attorney's decade of advocacy on behalf of a dismissed shoolteacher.

The attorney's advocacy on his own behalf also caught the court's attention, as it was noted that his appeal reflected his

wholesale disapproval of the disciplinary process that brought him to this point. And consistent with the conduct that leads him to this action, [he] has filed with this Court more than the customary number of motions, all purported to instruct the Court and the [Kentucky Bar Association] on the proper procedures.

The court rejected some charges but found that the attorney had engaged in "disruptive" behavior and other misconduct.

The court noted that the duty of zealous advocacy "does not provide permission to inundate the court with the same argument couched under different motions. Justice is not a war of attrition." (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/04/limits-of-zealousness.html

Bar Discipline & Process | Permalink

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