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Full-Text Articles in Civil Procedure
The Government’S Duty To ‘Seek Justice’ In Civil Cases, James W. Diehm
The Government’S Duty To ‘Seek Justice’ In Civil Cases, James W. Diehm
James W. Diehm
As Professor Green notes, both the courts and rules of professional conduct make it clear that it is the professional responsibility of the government lawyer to seek justice in criminal cases." He goes on to consider whether this obligation should extend to civil litigation as well. In his discussion of the issue he gives
examples of different civil cases including habeas corpus cases, civil enforcement proceedings, and cases, such as contract actions or personal injury actions, where the government's position would appear to be very similar to that ofa private party.