Do ethical lawyers sometimes write a proposed order for a judge to sign that doesn't mention that their motion was denied?
I am interested in hypothetical situations. If you figure things out ahead of time, it makes it easier when push comes to shove to make the right decision.
So I've been working on this imaginary scenario in which a lawyer believes he can get a judge to sign an order that is significantly different from the minute order prepared by the judge. In this fantasy, a judge has denied the lawyer's motion without prejudice, and given the opposing party a very specific instruction. But the lawyer never mentions in his proposed order that his motion was denied, and he adds significant details to the judge's instructions.
Is this something an ethical lawyer would do? Hmmm. Do readers have any thoughts on the matter?