Attorney Professional courtesy
This week I read an interesting post from a fellow legal blogger at Blawgletter re: California Supreme Court Upholds Professional Duties: DQ Awaits Cheaters. The post was about a case Rico v. Mitsubishi Motors Corp.,, No. 123808 (Cal. Dec. 13, 2007).
As a young attorney it was hard to balance the greater needs of society with the absolute duty to crush and burn any opposing party to your client's interest. I remember clearly arguing with a more mature and wise attorney about the benefits of professional courtesy vs. the need to do the very best for your client. It is the same with the "notes on the table" decision. In my younger days I would have had a hard time emotionally giving up that advantage. Now that I see that society benefits from professional and honest representation across the board, I am less tempted to keep this type of information.
Brian
I can only say from my mother's experience, it was Professional Courtesy that had her waiting 12 years for resolution of her case only to end up giving it up. They never got any farther then the deposition. When it was painfully obvious her attorney was not going to do anything but continue to lob up the excuse of professional courtesy to the opposition's counsel, she went out looking for another attorney but no one would take the case because no one wanted to touch it - as if to not step on someone elses toes. The opposition's representation was a very large and well known lawfirm. Professionaly Courtesy and some serious efforts to out wait my mother caused her to end up with nothing but the devastating results of what happened to her at her former employer and no justice. Since then I have lost all respect for attorney's. When I see cases like mother's the one against the Duke University students and the willingness of an attorney to lie, any attorney who is honest unfortuately has to suffer the consequences of the bad apples.