What is the standard of conduct of an attorney who makes personal attacks on the character or motives of the opposing party, counsel or witnesses?

California, United States of America


The following excerpt is from In re S.C., 138 Cal.App.4th 396, 41 Cal.Rptr.3d 453 (Cal. App. 2006):

"[I]t is vital to the integrity of our adversary legal process that attorneys strive to maintain the highest standards of ethics, civility, and professionalism in the practice of law." (People v. Chong (1999) 76 Cal.App.4th 232, 243, 90 Cal.Rptr.2d 198.) Indeed, unwarranted personal attacks on the character or motives of the opposing party, counsel, or witnesses are inappropriate and may constitute misconduct. (Id. at p. 245, 90 Cal.Rptr.2d 198; see also Stone v. Foster (1980) 106 Cal. App.3d 334, 355, 164 Cal.Rptr. 901.)

[138 Cal.App.4th 413]

Other Questions


Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Can an attorney or party who files a frivolous motion to disqualify or harass an opponent to delay litigation be sanctioned by paying the attorney fees and costs incurred by the opposing party? (California, United States of America)
What is the test for imposing a sanction including an order requiring an attorney for one party to pay attorney fees for an opposing party? (California, United States of America)
Does a prosecutor's use of the word "ploy" to describe mitigating evidence constitute a personal attack on the integrity of opposing counsel? (California, United States of America)
Is evidence of a person's character in a criminal case admissible to prove the conduct of that person on a specific occasion? (California, United States of America)
Does a prosecutor's comment that an experienced defense counsel will "twist and poke" at the prosecution's case constitute a personal attack on counsel's integrity? (California, United States of America)
Does Section 170.6, subdivision (2) of the Peremptory Challenge Act require counsel to disclose the identity of the assigned judge to counsel before counsel for the moving party learns that the assigning judge has been identified? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
Does Counsel's statements imply that Counsel never stated whether a witness's statement was made in connection with the matter on which counsel represented her? (California, United States of America)
What is the standard of conduct of counsel in a personal injury case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.