MERITORIOUS CLAIMS AND CONTENTIONS
In the representation of our clients, we will not:
(a) file a suit, assert a position, conduct a
defense, delay a trial, or take other action on
behalf of our clients when we know that such action
would serve merely to harass or maliciously injure
another;
(b) knowingly advance a claim or defense
that is unwarranted under existing law, except that
we may advance such claim or defense if it can be
supported by a good faith argument for an extension,
modification or reversal of existing law.
EXPEDITING LITIGATION
We shall make
reasonable efforts to expedite litigation consistent
with the interests of our clients.
CANDOR TOWARD
THE TRIBUNAL
We will not knowingly:
(1) make a false statement of material fact or
law to a tribunal;
(2) fail to disclose a material
fact to a tribunal when disclosure is necessary to
avoid
assisting a criminal or fraudulent act by our
client;
(3) fail to disclose to the tribunal legal
authority in the controlling jurisdiction known to
us to be directly adverse to the position of our
client and not disclosed by opposing counsel; or
(4) offer evidence that we know to be false. If we
offer material evidence and come to know of its
falsity, we shall take reasonable remedial measures.
In an ex parte proceeding, we will inform the
tribunal of all material facts known to us
that we reasonably believe are necessary to enable the
tribunal to make an informed decision, whether or not
the facts are adverse.
FAIRNESS TO OPPOSING PARTY
AND COUNSEL
We will 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. We will not counsel or
assist another person to do any such act;
(b)
(1) falsify evidence;
(2) counsel or assist
a witness to testify falsely;
(3) pay, offer
to pay, or acquiesce in the payment of
compensation to a witness contingent upon the
content of the testimony or the outcome of the
case.
(c) 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; or
(2) the
information is subject to the assertion of a
privilege by the client; and
(3) we reasonably
believe that the person's interests will not be
adversely affected by refraining from giving
such information and the request is not
otherwise prohibited by law;
(d) use methods of obtaining evidence that
violate the legal rights of the opposing party or
counsel; or
(e) present, participate in presenting
or threaten to present criminal charges solely to
obtain an advantage in a civil matter.
IMPARTIALITY AND DECORUM OF THE TRIBUNAL
We
will not:
(a) seek to influence a judge, juror, prospective
juror or other official by means prohibited by law;
(b) communicate ex parte with such a person except
as permitted by law; or
(c) engage in conduct
intended to disrupt a tribunal.
TRIAL PUBLICITY
(a) If we are participating or have participated
in the investigation or litigation of a matter, we
will not make an extrajudicial statement that a
person would reasonably believe to be disseminated
by means of public communication if we know or
reasonably should know that it will have a
substantial likelihood of materially prejudicing an
adjudicative proceeding in the matter.
(b)
Notwithstanding paragraph (a), we may make a
statement that a reasonable lawyer would believe is
required to protect our client from the substantial
undue prejudicial effect of recent publicity not
initiated by us or our client.
