Multistate Professional Responsibility Examination (MPRE)Litigation and Other Forms of AdvocacyMedium
A lawyer is representing a client in a contentious civil trial. The opposing counsel repeatedly makes personal attacks against the lawyer and the client during sidebar conferences and in open court. The lawyer believes these attacks are unprofessional and disruptive. What is the lawyer's most appropriate response?
- ARetaliate with equally strong personal attacks to defend the client and self.
- BIgnore the attacks, as engaging would only escalate the situation.
- CObject to the opposing counsel's conduct and request the court to intervene.
- DFile a formal complaint with the state bar association immediately.
Show answer & explanationAnswer & explanation
Correct answer: C. Object to the opposing counsel's conduct and request the court to intervene.
Lawyers have a duty to maintain the impartiality and decorum of the tribunal. When opposing counsel engages in unprofessional personal attacks, the appropriate response is to object and seek the court's intervention to stop the misconduct, rather than engaging in similar behavior or ignoring it.
Why the other options are wrong
- A. Retaliation violates the duty to maintain decorum and professionalism.
- B. Ignoring persistent, unprofessional attacks may allow them to continue and disrupt the proceedings, failing in the duty to the tribunal.
- D. While a bar complaint might be warranted later, the immediate and most appropriate response during the trial is to address the issue with the court.
Decorum of Tribunal
Lawyers must maintain a respectful attitude toward the court and avoid undignified or discourteous conduct toward participants in litigation.
- Duty to uphold the dignity and authority of the court.
- Avoid personal attacks or disparagement of opposing counsel/parties.
- Must object to and seek court intervention for misconduct.
Memory trick: Respect the court, object to disrespect, keep the proceedings neat.