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2000

Pace Law Faculty Publications

Confidentiality

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Abuse Of Confidentiality And Fabricated Controversy: Two Proposals, John A. Humbach Jan 2000

Abuse Of Confidentiality And Fabricated Controversy: Two Proposals, John A. Humbach

Pace Law Faculty Publications

This article is framed as a discussion of two proposals for modifying the Model Rules. One would declare fabricated controversy to be out of bounds as a tactical tool. The other would expressly affirm that it is an abuse of confidentiality for lawyers to engage in strategies of partial-truth advocacy, to assert partial truths while deliberately holding back other information that the lawyer should know is needed in order not to mislead others. Both of these techniques, fabrication of controversy and partial-truth advocacy, tend to undercut the trial as a “search for truth” and both interfere with negotiations as a ...