Does the Golden Rule apply to defense counsel in a wrongful death action?

California, United States of America


The following excerpt is from Plascencia v. Deese, 274 Cal.Rptr.3d 142 (Cal. App. 2021):

Here, the Golden Rule argument and ad hominem attacks on defense counsel were designed to, and did, impugn the integrity of appellants trial counsel. Cases should be decided upon the facts and the law only. Defense counsel did not lie and did not commit a fraud by exercising the right to trial. "You can't stone him to death" but you can "make him pay." The inference was that appellants failure to settle the case had caused Jocelyne's parents grief or sorrow, none of which is recoverable in a wrongful death action. ( Code Civ. Proc., 377.61 ; Krouse v. Graham (1977) 19 Cal.3d 59, 69, 137 Cal.Rptr. 863, 562 P.2d 1022.)

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