Civil Law

Running head: CIVIL LAW
CIVIL LAW
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1CIVIL LAW
In the present case study, Cheeseman, the lawyer on behalf of one of the co-defendants
filed a Rule 11 motion against the plaintiff’s lawyer Schlictmann order to end the case
immediately. Rule 11 motion charged Schlictmann for filing a frivolous and baseless lawsuit.
The judge Skinner when held a hearing on the motion, Schlictmann did not agree to submit to
cross examination conducted by Cheeseman as according to him it would his liabilities to his
clients. The judge denied the Rule 11 motion (Harr 2011).
Schlictmann when called for cross examination said that when the lawyer was taken to
the witness podium, he ceased to be the attorney of his clients. If an attorney has to answer as an
witness, it would be unethical for him because answering to questions in a cross examination by
the defendant attorney would go against his client. The attorney must withdraw himself first as
an attorney, and then only he can be called as a witness. The judge while deciding the case may
hold Schlictmann liable for contempt, impose a fine on him or even sentence him to jail for his
refusal to appear as a witness but the judge did not do so as he emphasized on the
professionalism of the attorney, instead he dismissed the complaint.
The judge made it very clear about the Rule 11 that it is an effective tool to stop frivolous
and abusive litigation but it cannot be used to harass the serious litigant whose claims may not be
developed at the time when such case is filed (Cavanagh 1985).
However if the case is being decided in present day, the amended version of FRCP Rule
11 will be applicable in this case. The older version of Rule 11 had very limited scope and
application. The pre 1983 Federal Rule of Civil Procedure Rule 11 when compared to present
amended Rule 11, it is seen that the standard for signing laid in old rule was neither precise nor
strict. The amendments were made to clarify and strengthen the Rule’s requirements. The new