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Marcoux, Shannon
Environmental law (Portland, Ore.), 03/2022, Volume: 52, Issue: 2Journal Article
This Article addresses a troubling trend that has emerged in the human rights and environmental rights litigation space over the last decade: the weaponization of ethics-related allegations against plaintiffs’attorneys as an attempt to suppress litigation. While some states, though certainly not all, have passed legislation to address the harm caused by strategic lawsuits against public participation (SLAPPs), there is not a similar legislative effort to combat newer scrupulous litigation tactics. This Article situates the current weaponization of ethics complaints and sanctions against environmental attorneys within two larger historical phenomena: the longstanding phenomenon of weaponizing ethics and professional responsibility rules as an exclusionary tool within the legal profession and the development of increasingly scrupulous litigation tactics in environmental lawsuits.
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