Credibility Matters

• Author: Karen L. Stevenson
• Pages: 18-19

18 | SEC TION OF LITIGATION

VIEW FROM THE BENCH

Published in Litigation News Volume 45, Number 3, Spring 20 20. © 2020 by the Ameri can Bar Association. Re produced with per mission. All rights re served. This info rmation or any porti on thereof may not be c opied or disseminated in any

form or by any means or sto red in an electronic da tabase or retrieval sy stem without the ex press writt en consent of the Amer ican Bar Associatio n.

he lawyers who appear in f ront of me gener-

ally bring thei r “A” game to every heari ng,

conference, or tr ial. Briefs are usually thorough ly

researched and wel l-written. For evid entiary hear ings

and trials, t he witnesses and experts a re carefully pre-

pared to testif y and ready for rigorous cross-examin ation.

Sometimes , though, attorneys forget that one of the most

important th ings you bring with you when you walk into

court is professiona l credibility.

Credibility i s “the quality of bei ng trusted and b elieved

in” or “the quality of being c onvincing or belie vable.” From

my perspective as a judge , a lawyer’s credibility is an essen-

tial element of effec tive advocacy. Establishing credibilit y

begins long before you a rrive for your rst appea rance. It

begins when you sign t he rst submission to the court.

Rule 11 Obligations and Potential Sanctions

Federal Rule of Civil P rocedure 11 provides that “[e]very

pleading, writ ten motion, and othe r paper must be signed

by at least one attorney of record i n the attorney’s name[.]

By presenting to the cou rt a pleading, w ritten motion, or

other paper—whet her by signing,  ling, submitting, or

later advocating it— an attorney . . . cer ties that to t he

best of the person’s knowledge, i nformation, and b elief,”

after a reasonable i nquiry: (1) the submission is not bei ng

presented for any improper pu rpose; (2) the claim s,

defenses, and ot her legal contentions a re warranted by

existing law or by a non-f rivolous argument for ex tending,

modifyi ng, or reversing exis ting law or for establish ing

new law; (3) factual contentions have ev identiary suppor t

or will have evidentia ry support after further i nvestigation

or discovery; and (4) any denia ls of factual content ions

are warranted by the e vidence or are reason ably based on

belief or lack of inform ation.

The court may, after a ffording an opportunity to

respond, sanct ion an attorney, a law rm, or party that

violates Rule 11. Further, Rule 11 requi res that a law rm

be held jointly responsible for “a violation com mitted by

its partner, asso ciate, or employee.” Rule 11 sanctions are

meant to be deterrent , not punitive, and can include

Credibility Matters

By Hon. Karen L . Stevenson, Litigation N ews Associate Editor

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