C. Restrictions On Advocacy In Court Proceedings, Cal. Prac. Guide Prof. Resp. Ch.

8-C

Cal. Prac. Guide Prof. Resp. Ch. 8-C

California Practice Guide: Professional Responsibility
Paul W. Vapnek, Mark L. Tuft, Ellen R. Peck and Justice Howard B. Wiener (Ret.)
Chapter 8. Advocacy And Representation
C. Restrictions On Advocacy In Court Proceedings

8. [8:272] Prohibition on Disrespectful Conduct: Attorneys must maintain the respect due to the courts of
justice and judicial officers. [CRPC 3210 (prohibition on advising client to violate ruling); Bus. & Prof.C.
6068(b) (duty to maintain respect due courts and judicial officers), 6103 (sanctions for violating court order);
see also Canatella v. Stovitz (ND CA 2005) 365 F.Supp.2d 1064, 10731074Bus. & Prof.C. 6103 not
unconstitutionally overbroad or vague]
[8:273] A lawyer may not disregard, or advise the client to disregard, court rulings. The lawyers remedy is
to take appropriate steps in good faith to test the validity of the ruling (by appeal, etc.). [ABA Model Rule
3.4(c); see also Scott C. Moody, Inc. v. Staar Surgical Co. (2011) 195 CA4th 1043, 1048, 128 CR3d 89, 93
attorney sanctioned for deliberately violating court order instructing him not to question witness about
particular issue; 8:561]
[8:273.1] Showing due respect means attorneys must strive to maintain the highest standards of ethics,
civility and professionalism in the practice of law. Indeed, to instill public confidence in the legal profession
and our judicial system, an attorney must be an example of lawfulness, not lawlessness ... Accordingly, an
attorney, however zealous in his clients behalf, has, as an officer of the court, a paramount obligation to the
due and orderly administration of justice ... [Scott C. Moody, Inc. v. Staar Surgical Co., supra, 195 CA4th
at 1048, 128 CR3d at 93]
[8:274] Showing due respect requires attorneys to refrain from threatening court personnel. [In re Elkins
(Rev.Dept. 2009) 5 Cal. State Bar Ct.Rptr. 160, 167 (leaving telephone messages accusing court clerk/ex
officio judge of taking bribes and threatening to report him to the FBI, State Attorney General and
commission on judicial performance)]
[8:275] Defamatory or disrespectful statements made in pleadings or other court papers are grounds for
attorney discipline and/or contempt. For example:
A brief accusing appellate justices of bias. [Ramirez v. State Bar (1980) 28 C3d 402, 411, 169 CR 206,
211 (suspension from practice)]
An affidavit containing an unwarranted charge of bias and prejudice against all superior court judges.
[Snyder v. State Bar (1976) 18 C3d 286, 292, 133 CR 864, 867 (disbarment); compare In re Snyder (1985)
472 US 634, 646647, 105 S.Ct. 2874, 2882lawyers ill-mannered letter to district judges secretary
criticizing administration of Criminal Justice Act not cause for suspension under federal disciplinary rule]
A brief accusing the court of appeal of deliberate judicial dishonesty. [In re Koven (2005) 134 CA4th
262, 270277, 35 CR3d 917, 923928 (contempt proceedings, monetary fine and referral to State Bar); see
also CCP 1209 (contempt), discussed at 8:566 ff.]
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2012 Thomson Reuters. No claim to original U.S. Government Works.