To: rintense
California rules of conduct for attorneys: Rule 5200 states: "A lawyer shall not seek to mislead the judge, judicial officer, or jury by an artifice or false statement of fact or law." You just don't get it. This rule of conduct 1) does not proscribe punishment if violated, ergo is unenforceable and inconsequential, 2) refers to lawyers, not DEFENSE LAWYERS, 3) does not state that posing fabricated alternate scenerios is an artifice or false statement.
See, if you were an attorney, this would be so simple.
255 posted on
09/20/2002 8:48:20 AM PDT by
Thommas
To: Thommas
Tell me this. Why is it that O'Reilly has had lawyers agree with his assessment, including Judge Andrew Napolitano??? There have even been lawyers here on FR who have also stated the lawyers are in violation. So there you have it. You will interpret the statute as you will. Being a lawyer has nothing to do with it.
To: Thommas; rintense
California rules of conduct for attorneys: Rule 5200 states: "A lawyer shall not seek to mislead the judge, judicial officer, or jury by an artifice or false statement of fact or law." You just don't get it. This rule of conduct 1) does not proscribe punishment if violated, ergo is unenforceable and inconsequential, 2) refers to lawyers, not DEFENSE LAWYERS, 3) does not state that posing fabricated alternate scenerios is an artifice or false statement. See, if you were an attorney, this would be so simple.
(1) and (2) are false. The rule applies to all lawyers, and carries penalties including disbarment. (3) is correct. A lawyer who is not a witness can make arguments as to inferences from the evidence without violating the rule. What the lawyer cannot do is lie about something in his personal knowledge (e.g., ask for a mistrial by falsely accusing the DA of not giving him a required notice) or offer false evidence (doctored documents, a witness he knows is lying, etc.)
To: Thommas; rintense
This rule of conduct 1) does not proscribe punishment if violated, ergo is unenforceable and inconsequential, 2) refers to lawyers, not DEFENSE LAWYERS, 3) does not state that posing fabricated alternate scenerios is an artifice or false statement.Paul Begala? Here on FR? That IS you, isn't it?
298 posted on
09/20/2002 10:45:03 AM PDT by
Illbay
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