Opposing Counsel And In Mecklenburg
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FAQ
As a caution, any objection to statements made during closing arguments must be timely. As a general rule, failure to promptly make the objection will waive the objection for appeal. There may be an exception to this rule if the comments were so inflammatory that a party was denied a fair trial.
Do not engage. Think of her as a course hazard more than an opponent. Aim your words, always, at the judge. Be on time, be reasonable, be flexible to the extent it will not prejudice or harm your client, and do your best to keep all interactions in writing and on the record.
As set forth in the Restatement (Third) of the Law Governing Lawyers, §108(4), “A tribunal should not permit a lawyer to call opposing trial coun- selas a witness unless there is a compelling need for the lawyer's testimony.” (emphasis added) Many jurisdictions follow this gen- eral rule, e.g., Louisiana.
California Evidence Code § 930 provides that “a defendant in a criminal case has a privilege not to be called as a witness and not to testify.” While a defendant can waive this privilege and choose to testify, the prosecutor cannot call the defendant to the stand just to make the defendant explicitly claim the ...
5 Because the tribunal is not likely to be misled when a lawyer acts as advocate in a trial in which another lawyer in the lawyer's firm will testify as a necessary witness, paragraph (b) permits the lawyer to do so except in situations involving a conflict of interest.
If I have a procedural question such as “Do you know where that exhibit is?” I will directly address opposing counsel as Mr. or Ms. If it is not on the record, we generally call each other by our first names when we know each other from prior cases or experiences, or are friends.
If you find yourself in a situation where you believe the opposing counsel is not being truthful, the key is to rely on evidence and legal procedures to address the issue. You can also consult with a local lawyer in the area of law your case involves to get additional advice on your specific case and this magistrate.
Although motions to disqualify counsel can be filed for a variety of reasons, two of the most common reasons are: (1) when the attorney must testify as a fact witness at trial, and (2) when a conflict of interest exists between the attorney's current client and a former client of that attorney or the law firm where ...
Typically, a former client seeking to disqualify a former attorney from representing an opposing party must identify specific, cogent information that the attorney possesses and show that the information is confidential and implicates the duty of loyalty.
