Summary
If you believe an attorney is intentionally overwhelming the court with irrelevant information, you can file a Motion to Strike. In Illinois, attorneys must adhere to ethical standards under the Illinois Rules of Professional Conduct. Rule 3.3 prohibits false statements to a tribunal, Rule 3.5 addresses improper influence, and Rule 4.4 mandates respect for third persons rights. If you suspect violations, report to the Illinois Attorney Registration & Disciplinary Commission. For severe cases, consider filing a Motion to Sanction under Rule 137. Consult with your attorney for tailored advice.Full Conversation
I have a question about a Chicag Illinois Cook County attorney pacifically a child support attorney who is Gish galloping
Hello Alisa, could you please clarify what specific issue you're facing with the attorney? Are they overwhelming you with a large number of arguments or information?
I’ve noticed from the noncustodial parents attorney that she has been listing the exact same statements one through * and every single motion whether it’s a motion to dismiss a motion to To strike a petition motion to modify child support exactly the same statements that are irreverent and have nothing to do with anything
It seems like you're dealing with a frustrating situation. While it may seem irrelevant, the attorney might be using a standard legal practice. However, if you believe this is being done in bad faith, consider:
- Consulting with your attorney about strategies to address this.
- Raise the issue with the court if it's causing unnecessary delays or costs.
There is no use for any attorney to use something that is irreverent to a motion that has nothing to do with those statements those statements are about being served who produced there affidavit first who didn’t dare irreverent to the key arguments in the motions
If you believe the opposing attorney's statements are irrelevant, consider the following:
- Address this issue with your attorney to develop a response strategy.
- If it's causing unnecessary delays or costs, raise the issue with the court.
- Document these instances as they may be useful in your case.
I just want to know in Illinois is there a rule or statute law if an attorney is doing that intentionally
In Illinois, attorneys have a responsibility to act ethically under the Illinois Rules of Professional Conduct. If an attorney intentionally misleads or confuses the court:
- Rule *.*: Lawyers cannot knowingly make false statements to a tribunal.
- Rule *.*: Lawyers should not seek to influence a judge, juror, or other court personnel.
- Rule *.*: Lawyers must respect the rights of third persons.
If you suspect violations, report to the Illinois Attorney Registration & Disciplinary Commission.
So how do I bring it to the judges attention what can I file that the attorney is gish galloping
You can file a motion to strike if you believe the opposing attorney is intentionally overwhelming the court with irrelevant information. However, it's recommended to consult with your attorney before proceeding.
This is not a matter of believing it is a fact I just had each motion she filed in front of me same list of statements
In this case, it might be helpful to:
- File a Motion to Strike, stating the attorney is using irrelevant information repeatedly.
- Provide evidence of the repeated irrelevant statements in your motion.
Remember, legal advice from a local attorney is crucial before proceeding.
File a motion to strike what I want to really get to the judges attention what this lawyer is doing she’s in violation of rule * she’s breaking ethics she’s aware of abuse of financial deprivation of children she’s attempting to cover it up
In Illinois, you can file a Motion to Sanction under Rule *, which states that the attorney's actions are unethical and in violation. Please consult with your lawyer to ensure the motion is comprehensive and well-supported.