It has long been recognized that as an officer of the court, the trial attorney has a special obligation to protect the tribunal from conduct that undermines the integrity of the adjudicative process.1 This obligation extends to relations with the court itself and also to relations with the jury charged with the exclusive power to determine the credibility of witnesses and resolve issues of fact.
The trial attorneys’ obligation to protect the integrity of the adjudicative process is an obligation that stands apart from the obligation to render effective representation of their clients’ rights. Given the professional conduct implications, one might even argue that the ethical obligation is the heavier of the two. This ethical obligation assumes particular importance in medical malpractice actions, where the issues are complex and the stakes are high for both sides.
