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Matter
of Vincenti, 92 N.J. 591 (1983)
Author: Anonymous
Relevant
Facts: The respondent atty, represented the Df in a child abuse
case regarding Dfs four children. During the
proceedings the atty in and out of ct conduct became outrageous.
The atty accused the judge of bias, prejudice, racism,
participation in extortion, religious bigotry during the trial
w/o any basis in fact. He went so far as to write a letter
continuing the personal attack on the judge. The atty also
verbally abused the public defender, deputy attorney general, and
another atty outside the courtroom.
Legal
Issue(s): Whether the attorneys conduct can be determined
as permissibly vigorous advocacy or an ethical violation?
Courts
Holding: Ethical violation.
Procedure:
Respondent was suspended from the practice of law for one year.
Law
or Rule(s): Advocacy of the clients constitutional
guarantees to life, liberty, and property, are the
professional keeping of lawyers.
Court
Rationale: The attys conduct is so bizarre, so outrageous,
that discipline is in order. The lawyers
responsibility in our society is that he stands as a shield in
defense of the right to ward off wrong. The legal
profession is charged with the responsibility to exact the
qualities of truth-seeking, high sense of honor, granite
discretion, the strictest observance of fiduciary responsibility,
so as to retain moral character.
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