Chapter 7: Conclusion

• Pages: 105-105
• Author: Janet S. Kole

Conclusion

In this short discussion, Ihave tried to raise the many

complex issues that arise at the beginning of alitigation

so you will be aware of them. Please don’tconsider this

to be the final word on any of the issues.

The most important guiding principle for you should

be the best interests of your client. The goal, unless your

client instructs you to the contrary,istoadvance the ball

in acost-effective manner.

Even if your client wants you to do the whole

scorched earth thing, you cannot do it unless it is ethi-

cally permissible. Pleadings interposed solely for the

purpose of delay,orfor the purpose of harassment,

should and probably will be stricken. Worse, they could

subject you personally to sanctions, and possibly even to

disbarment. If your client wants you to do something

your gut tells you is wrong, don’tdoit. And if your gut is

not areliable indicator of appropriate behavior,find

yourself an ethics mentor to counsel you.

Once you get your first few pleadings and motions

under your belt, you will be better able to see how the

many interlocking concepts fit together.And when you

do, be sure to help out some other newbie who is dazed

and confused, just as you used to be.

Chapter Seven

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