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Abuse Of Confidentiality And Fabricated Controversy: Two Proposals, John A. Humbach
Abuse Of Confidentiality And Fabricated Controversy: Two Proposals, John A. Humbach
Elisabeth Haub School of 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 …