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Res 2023-059/approving the selection of Attorney Bradford E. Bullock of Messer Fort & McDonald PLLC, as
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Res 2023-059/approving the selection of Attorney Bradford E. Bullock of Messer Fort & McDonald PLLC, as
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11/19/2023 11:33:17 PM
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4/12/2023 3:59:19 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2023-59
Date
3/21/2023
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13. Counsel will advise clients that they will not take frivolous positions in an appellate court, explaining the <br /> penalties associated therewith.Appointed appellate counsel in criminal cases shall be deemed to have complied <br /> with this standard of conduct if they comply with the requirements imposed on appointed counsel by courts and <br /> statutes. <br /> LAWYERS' DUTIES TO THE COURT <br /> As professionals and advocates, counsel assist the Court in the administration of justice at the appellate level. <br /> Through briefs and oral submissions, counsel provide a fair and accurate understanding of the facts and law <br /> applicable to their case. Counsel also serve the Court by respecting and maintaining the dignity and integrity of <br /> the appellate process. <br /> 1. An appellate remedy should not be pursued unless counsel believes in good faith that error has been committed, <br /> that there is a reasonable basis for the extension, modification, or reversal of existing law, or that an appeal is <br /> otherwise warranted. <br /> 2. An appellate remedy should not be pursued primarily for purposes of delay or harassment. <br /> 3. Counsel should not misrepresent, mischaracterize,misquote,or miscite the factual record or legal authorities. <br /> 4. Counsel will advise the Court of controlling legal authorities, including those adverse to their position, and <br /> should not cite authority that has been reversed, overruled, or restricted without informing the court of those <br /> limitations. <br /> 5. Counsel will present the Court with a thoughtful, organized, and clearly written brief. <br /> 6. Counsel will not submit reply briefs on issues previously briefed in order to obtain the last word. <br /> 7. Counsel will conduct themselves before the Court in a professional manner, respecting the decorum and <br /> integrity of the judicial process. <br /> 8. Counsel will be civil and respectful in all communications with the judges and staff. <br /> 9. Counsel will be prepared and punctual for all Court appearances, and will be prepared to assist the Court in <br /> understanding the record, controlling authority, and the effect of the court's decision. <br /> 10. Counsel will not permit a client's or their own ill feelings toward the opposing party, opposing counsel, trial <br /> judges or members of the appellate court to influence their conduct or demeanor in dealings with the judges, <br /> staff, other counsel, and parties. <br /> LAWYERS'DUTIES TO LAWYERS <br /> Lawyers bear a responsibility to conduct themselves with dignity towards and respect for each other,for the sake <br /> of maintaining the effectiveness and credibility of the system they serve. The duo)that lawyers owe their clients and <br /> the system can be most effectively carried out when lawyers treat each other honorably. <br /> 1. Counsel will treat each other and all parties with respect. <br /> 2. Counsel will not unreasonably withhold consent to a reasonable request for cooperation or scheduling <br /> accommodation by opposing counsel. <br /> 3. Counsel will not request an extension of time solely for the purpose of unjustified delay. <br /> 4. Counsel will be punctual in communications with opposing counsel. <br /> 5. Counsel will not make personal attacks on opposing counsel or parties. <br /> 6. Counsel will not attribute bad motives or improper conduct to other counsel without good cause, or make <br /> unfounded accusations of impropriety. <br /> 7. Counsel will not lightly seek court sanctions. <br /> 8. Counsel will adhere to oral or written promises and agreements with other counsel. <br /> 9. Counsel will neither ascribe to another counsel or party a position that counsel or the party has not taken, nor <br /> seek to create an unjustified inference based on counsel's statements or conduct. <br /> 10. Counsel will not attempt to obtain an improper advantage by manipulation of margins and type size in a manner <br /> to avoid court rules regarding page limits. <br /> 11. Counsel will not serve briefs or other communications in a manner or at a time that unfairly limits another <br /> party's opportunity to respond. <br />
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