2007-08-01 14:13:00 · 3 answers · asked by gunit7 2 in Politics & Government ➔ Law & Ethics
Venue shopping is not illegal. By venue shopping, I assume that you mean an attorney choosing which court (among all of those legally available) is the best court to file the case in from the point of view of his client.
There are two caveats to the above statement. First, the venue must be legally available. If there is no claim that venue is appropriate in a particular court, then it is not proper to file a suit in that court. Second, the basis for asserting that venue must be supported by the law and the facts. It is not proper to make a frivolous claim against a party (assuming that other claims against that party are proper or that the claims against the other parties are proper) just to trigger venue in a particular court.
A lawyer's job is to serve the best interest of his clients within the law. If, under the facts of the case, the law provides three alternative courts in which the case could be filed, it is the attorney's job to file it in the court that best benefits his client. Similarly, it is the job of the defense attorney to try to get the case moved to a different court that is more favorable to the defendant. It is the job of the legislature to limit the options to those that are appropriate and fair.
2007-08-01 14:24:36 · answer #1 · answered by Tmess2 7 · 1⤊ 0⤋
In the literal sense, no..... venue is a tactical choice of where to fight a legal battle. And as long as the choice is made in conformance with applicable laws, it's not illegal.
Venue shopping (aka forum shopping) is often abused, and a lawyer may act unethically and illegally while doing it -- but it is not automatically invalid or unethical in every situation.
2007-08-01 21:40:53 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
No. Just annoying.
2007-08-01 21:22:34 · answer #3 · answered by open4one 7 · 0⤊ 0⤋