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NCJRS Abstract

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NCJ Number: 91116 Find in a Library
Title: When Lawyers Bend the Court Out of Shape
Journal: Judges' Journal  Volume:21  Issue:4  Dated:(Fall 1982)  Pages:14-19,50-51
Author(s): R L Fruin
Date Published: 1982
Page Count: 8
Format: Article
Language: English
Country: United States of America
Annotation: This article perceives indications of the expansion of the court's inherent powers to impose monetary sanctions against an attorney for misconduct, which suggest an evolutionary development in American law in respect to the recoverability of legal fees from the losing party.
Abstract: Reasons for such a contention are a legislative reversal of the California Supreme Court's decision denying inherent power and the U.S. Supreme Court's endorsement of the doctrine in a recent amendment to the Federal cost statute. The use of inherent powers as a judicial tool to punish and redress litigation abuse is reviewed in terms of procedural due process and conduct standards. A total of 11 references are given.
Index Term(s): Attorney competence; Contempt of court; Legal doctrines
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