It’s laughable that GAS expects work product to be coughed up less than a week after he requests it (if he has any right to it at all) when he defends his non-clients failure to answer subpoenas.
I’m picturing it like the legal equivalent of a handoff in a back alley, where both parties will only let go of their own package once they’re touching the package they’re picking up.
The SGF document mentions a specific incident and says SGF knows of “other instances.” I read the Stone document as requesting any evidence and documents pertaining to the specific incident as well as the incidents SGF was referring to when it said “other instances”. In other words, Stone is asking for specifics and documentation on whatever incidents SGF was referring to in its filing.
I am not a lawyer so I am making an assumption but I believe the lawyer only has a duty to follow the law and to do the best they can for their client.
I doubt any lawyer is going to say - what you are doing is not fair - to their own client. No matter how morally bankrupt their client’s actions are.
IANAL but it appears that no, attorneys don’t owe any such consideration to the opppsition. I think it is for the judge to referee and throw the red card.
I think the Ks are desperately hoping they can limit what evidence of Lollypop’s past pattern of harassment, stalking, etc etc comes into play during a civil trial. They think they can limit it to just her actions in this matter.
I think they are wrong, and the whole scope of Lollypop’s past conduct is going to be fair game. This is a civil suit, and it definitely goes to show a pattern of her behavior.
Anyway, they want info now on the specific matter Silver cited, because they want to begin trying to fight this. Also… let’s see if they make a motion to limit questions during the deposition about this or other issues. Wouldn’t surprise me if they did…
Each state has its own rules of professional conduct which lawyers are supposed to follow and can get in trouble with the state bar (and possibly the courts) if they don’t. The most relevant New Jersey rule is as follows:
RULE RPC 3:4 - Fairness to Opposing Party and Counsel
A lawyer shall not:
(a) unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value, or counsel or assist another person to do any such act;
(b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;
(d) in pretrial procedure make frivolous discovery requests or fail to make reasonably diligent efforts to comply with legally proper discovery requests by an opposing party;
(e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or
(f) request a person other than a client to refrain from voluntarily giving relevant information to another party unless:
(1) the person is a relative or an employee or other agent of a client; and
(2) the lawyer reasonably believes that the person’s interests will not be adversely affected by refraining from giving such information.
(g) present, participate in presenting, or threaten to present criminal charges to obtain an improper advantage in a civil matter.
There are other rules that could also come into play (but would not affect the lawyer’s duty to the opposing party - they don’t have other specified duties to the opposing party), but I won’t torture you with a seminar in the rules of professional conduct Professional responsibility (or “ethics” as it is most commonly known) is about the most boring area that most lawyers have to routinely take courses in, and I have sat through way more hours of ethics seminars than I ever would have voluntarily sat through so I could maintain my bar licenses. (The only really interesting ones were John Dean on Watergate - those were fascinating and I don’t know how they qualified for ethics credit but I was glad they did).
It seems like the biggest risk right now for LKs side, if they continue to drag their feet during discovery, ignoring subpoenas, and filing unsupported motions to limit discovery in one way or another, is that they will REALLY irritate the judge… correct?
Yes, and I think they want to know specific identities, and which precise instances of her behavior will be brought forth. If they aren’t excluded, LoPop needs time to fashion her version of went down. Because remember, she wants a chance to tell “her side of the story.” She may have to come up with a whole lot of stories.
All I know is that in reading these threads it further tells me that not choosing law school was a good idea!
Reading these filings gives me a headache!