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Briefs – Content – “Vituperative Tone”

Mogged v. Mogged, 2000 WI App 39, 233 Wis. 2d 90, 607 N.W.2d 662

Issue/Holding: Brief adopting “vituperative tone” and making misleading, unsupported arguments violates Rules of Professional Conduct and is stricken. ¶¶21-24. (Note that the court cites 7th Circuit caselaw, ¶22, suggesting that decisions from that body are very pertinent.)

Appellate briefs containing personal attacks sufficiently inflammatory subject the author to the range of sanctions avaialble under the code of professional responsibility, see, e.g., Matter of Abbott, 925 A.2d 482 (Del. 2007).

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