My options were to conclude this type of citation is: (1) an honest
mistake, or; (2) intentional fraud on the court.
Would you have me assume my peers are frauds? I will assume this conduct
is a mistake, absent other indicia of intentional misconduct.
On Sat, 19 Jun 1999 18:45:01 +1000 Ron Huttner <rshutt@netspace.net.au>
writes:
>Andrew Johmson writes:-
>
>>>I think most of the time, it is an honest mistake to cite opinion,
>or
>>>>>reasoning, as if it were holding.
>
>Good Grief, Andrew. You are not serious are you ? It is nothing of
>the sort.
>Any trial lawyer who cites a case to a court is expected by the court,
>(and
>quite rightly so), to have *read* it properly. Not to have merely
>*skimmed*
>it - whether in print or electronically. Advocates have a **duty** to
>the
>court to state the law *accurately* . It is clear professional
>negligence
>and gross incompetence to mis-cite a case for a proposition for which
>it
>does not stand.
You have embellished the obvious. This is consistent with my position
also. Not sure why you felt a need to expound on this maxim.
>(Try telling a court, "I'm sorry, I never actually read the case, just
>printed out a few paragraphs that looked pretty good", and see how
>impressed the court will be with your forensic skills !!). There is no
>room
>whatsoever for mistakes in this area - "honest", (whatever that is
>supposed
>to mean in this context), or otherwise.
I agree. I never disagreed with this. Perhaps you should re-read my
original post.
And, on an issue of semantics
>if I
>may be permitted - "mistake" can in fact never be other than honest.
>Dishonesty and mistake are mutually exclusive concepts. But mistake
>and
>negligence/incompetence are most certainly not.
If we disagree, it may be because I practice law, while you currently
work in the academic realm. We seem to have different paradigms, and
perspectives.
Andrew Johnson, Esquire
Columbia, South Carolina
>
>Ronald S Huttner LL.B.(Hons)
>Barrister And Solicitor
>Consultant And Trainer In Computer-Assisted Legal Research
>Lecturer In Computerised Legal Research (02.10.95 to 02.10.98)
>Internet Sites For Lawyers - http://www.viclf.asn.au/research.html
>Personal Home Page - http://www.viclf.asn.au/pers1.html
>
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