Having complained to my attorney about defense attorney's tactics, I am not certain if my attorney is representing my best interests by refusing to ask the judge to examine the conduct of the defense.
The case is in Federal Court and involves wrongful termination and defamatory reference by a former employer.
The defense attorney is delaying the case by various irrelevant motions, thereby causing the plaintiff (myself) extra costs.
Is there a specific procedural rule that prohibits any unethical conduct ?
Thank you for any response
1 Answer from Attorneys
If these motions are truly frivolous, your attorney can ask for fees associated in responding to them. However, granting these fees are within the sole discretion of the judge, and some judges are unlikely to grant them.
Rule 26 has some provisions regarding discovery, but they do not apply to the filing of motions.
Finally, you should not be second-guessing your attorney. This is very bad for the relationship. If you do not trust him/her, look elsewhere.
Disclaimer: this is not advice; I am not your attorney.