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    kahlmy_ishmael's Avatar
    kahlmy_ishmael Posts: 13, Reputation: 1
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    #1

    Sep 2, 2016, 03:07 PM
    Misconduct & Ohio Code of Judicial Conduct Rule 2.15 & Professional Conduct
    Question on Attorney Misconduct & Ohio Code of Judicial Conduct Rule 2.15 & Ohio Code of Professional Conduct Rule 8.3


    I know that attorneys must cite adverse controlling authorities in civil cases.

    In a motion to dismiss in this case, the attorney failed to cite numerous studies by his own client (defendant) which showed his product was "unsafe " and was admonished by the judge.

    But there were no violations for failure to cite adverse controlling authorities.

    Did the attorney for the defendant violate the Ohio canon of ethics?

    Is the plaintiff's attorney obligated by Ohio Code of Professional Conduct Rule 8.3 to report this to the County Bar Association or Disciplinary Counsel for the Ohio Supreme Court?

    Is the judge herself obligated by Ohio Code of Judicial Conduct Rule 2.15 to report this to the County Bar Association or Disciplinary Counsel for the Ohio Supreme Court?


    Just how low of a bar is there?

    Doesn't "professional courtesy" come into play somewhere before someone goes to the lengths of reporting someone else?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #2

    Sep 2, 2016, 06:18 PM
    An attorney and the client is not obligated to testify against themselves. It is the opposing attorney that should find and present to court evidence found though discovery.

    The attorney is not suppose to allow his client to lie in court.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Sep 2, 2016, 07:33 PM
    OP appears to be confused by the term "controlling authorities". Without looking at the Ohio rules OP mentions, I am nevertheless confident that the term refers to statutes and case law. It doesn't refer to reports and factual data in the possession of the attorney's client.

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