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Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
In an effort to stop the American people of having a fair election, democrats file complaints about Trump's attorneys defending the constitution and the rule of law.
Posted by:
Rigged election
()
Date: November 23, 2020 11:09AM
Re: In an effort to stop the American people of having a fair election, democrats file complaints about Trump's attorneys defending the constitution and the rule of law.
Posted by:
EML How it works
()
Date: November 23, 2020 12:23PM
An attorney who files actions or pleadings with a court is deemed to have made certain representations to the court regarding those actions or pleadings. In the Federal court system and in some states attorneys who argue those actions are deemed to make similar representations. Violations of those representations are not only violations of court rules which can subject the lawyer to sanctions by the court. They are also violations of attorney ethics rules which can subject the attorney to sanctions by their bar associations.
The purpose of Rule 11 FRCP and similar state rules is to take away the argument that the attorney was only doing it because that is what his client wanted or directed him to do. An attorney cannot rely on the argument that he was just following orders.
Trump lawyers have admitted to judges that they have no evidence to support the claims in the pleadings they filed with the court in some cases. In other cases judges have found that the Trump team had no evidence to support the claims in the pleadings. That would be a clear violation of Rule 11 in the Federal courts. Getting hit with sanctions is a possibility. Getting disbarred, probably not.
The purpose of Rule 11 FRCP and similar state rules is to take away the argument that the attorney was only doing it because that is what his client wanted or directed him to do. An attorney cannot rely on the argument that he was just following orders.
Trump lawyers have admitted to judges that they have no evidence to support the claims in the pleadings they filed with the court in some cases. In other cases judges have found that the Trump team had no evidence to support the claims in the pleadings. That would be a clear violation of Rule 11 in the Federal courts. Getting hit with sanctions is a possibility. Getting disbarred, probably not.