Most able litigators—particularly in the criminal arena—will want to do anything (legitimate) in order to gain an edge for a client. That undoubtedly is what we should all want to do. And while it may be distasteful, gaining that edge may mean “going after” the adversary—meaning, the lawyer (defense or prosecution) arguing, where appropriate, that his adversary did, or proposes to do, something unethical on behalf of his client.
Now, lawyers typically don’t really want to threaten criminal charges against an adversary to gain that edge. Nor do they want to actually refer a complaint—criminal or disciplinary—to the authorities. Maybe it’s simply out of professional courtesy, or maybe it is the elementary desire not to be perceived in the legal community as a “rat.”
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