Also known as:obstruct · obstructs · obstructed · obstructing · obstructions · obstruction of justice
Written by attorneys · grounded in primary & secondary sources — see below
Conduct that impedes or hinders access to evidence or the administration of justice in legal proceedings.
Sources & Authorities
How it applies
Common Examples
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Compromise Offer Shows Investigation Block
Odin Obeng offered to pay a witness a sum to drop a complaint during settlement talks. Prosecutors later introduced the offer not to prove liability but to show Obeng's effort to block the criminal probe into his conduct. The court admitted the evidence under the exception allowing proof of obstruction attempts.
Counsel Hides Client Documents
Ophelia O'Brien's lawyer removed key invoices from a shared server and advised a paralegal to withhold them from opposing counsel in pending litigation. The conduct violated the duty not to obstruct access to materials with evidentiary value. Sanctions followed against both lawyer and client.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Model Codes
Common Law
Restatements
Dictionaries
Odilia Okamura urged a court clerk to ignore a subpoena and destroy related files before service. The request sought conduct that would obstruct justice. Common-law principles treated the solicitation itself as a misdemeanor even though the clerk refused.
Attorney Conceals Physical Evidence
Otto Osman took a client's stolen funds and weapon, placed them in a new safe-deposit box, and refused to disclose the location to investigators. The privilege did not shield the physical items. The attorney faced criminal exposure for obstructing law-enforcement access.
Public Criticism of Judicial Process
Octavia Okonkwo published statements accusing a judge of bias in an ongoing trial. Prosecutors sought contempt sanctions claiming the remarks would obstruct justice. The court held that robust criticism of officials receives First Amendment protection absent a clear and present danger of serious interference.
New York Times v. Sullivan376 U.S. 254 (1964)
State Law Creates Commerce Barrier
Orion Technologies challenged a state statute that effectively blocked interstate shipment of certain goods. The law imposed burdens that obstructed the free flow of commerce. The Court examined whether Congress possessed authority to regulate the activity under the Commerce Clause.
United States v. Lopez514 U.S. 549 (1995)
Common questions
Frequently Asked
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Does Rule 408 allow evidence of compromise negotiations when offered to prove obstruction of a criminal investigation?+
Yes. The rule expressly permits admission of such evidence when offered for another purpose, including proving an effort to obstruct a criminal investigation or prosecution.
Supporting sources
What conduct by a lawyer violates Model Rule 3.4(a) regarding evidence?+
A lawyer may not unlawfully obstruct another party's access to evidence or unlawfully alter, destroy, or conceal material having potential evidentiary value, nor counsel or assist another to do so.
Supporting sources
At common law, what level of intent is required for solicitation to obstruct justice?+
The solicitor must act with specific intent that the person solicited commit the crime of obstructing justice. Mere general approval of criminal conduct is insufficient.
Supporting sources
Does the attorney-client privilege protect physical evidence that counsel removes and conceals?+
No. The privilege covers only communications, not physical fruits or instrumentalities of crime, especially when counsel's own actions obstruct law-enforcement access.
Supporting sources
When may out-of-court criticism of judges be punished as contempt for obstructing justice?+
Only when the speech poses a clear and present danger of serious interference with the administration of justice. Robust criticism of public officials receives First Amendment protection otherwise.
Supporting sources
376 U.S. 254 (1964)Remedies
…328 U. S. 331, 342, 343, n. 5, 345. Such repression can be justified, if at all, only by a clear and present danger of the obstruction of justice. See also Craig v. Harney, 331 U. S. 367; Wood v. Georgia, 370 U. S. 375. If judges are to be treated as "men of fortitude, able to thrive in a hardy climate," Craig v. Harney, supra, 331…