Duties to courts Flashcards
A lawyer is prohibited from knowingly making ______ to the court
False Statements of material fact.
A lawyer must disclose material facts when
“Disclosure is necessary to avoid assisting a criminal or fraudulent act by the client”
Generally, a lawyer does not have an obligation to reveal unfavorable facts to the court. However, a lawyer must do so when
Permitted to communicate with the court ex parte. The lawyer must disclose both favorable and unfavorable material facts.
A lawyer is prohibited from offering any evidence that the lawyer knows is
false
A lawyer may refuse to offer evidence that he reasonably believes
to be false
When the lawyer knows of the client’s intention to commit perjury, the lawyer must
1) Attempt to convince them otherwise; then
2) Attempt to withdraw from representation; then
3) If the perjury occurs, take reasonable remedial measures , including disclosure to the court if necessary
When a Lawyer learns of the perjury after it occurs, but before proceedings end, the lawyer must
1) Attempt to convince the client to rectify the matter; and then
2) If that fails, the lawyer must take reasonable remedial measures, including revealing the perjury
When the lawyer does not learn of the perjury until the proceedings have ended
Then the lawyer does not have a duty to reveal it
A criminal defendant has a constitutional right to
testify on their own behalf
In Virginia, a lawyer is till required to _____ a criminal defendants perjury
reveal
A lawyer is prohibited form making false statements of law to the court. Lawyers are also required to disclose
all adverse controlling legal authority
Generally, a lawyer does not have an obligation to reveal unfavorable facts to the court. However, a lawyer must do so when
Permitted to communicate with the court ex parte. The lawyer must disclose both favorable and unfavorable material facts.
A lay witness can only be compensated for
1) Reasonable expenses incurred
2) lost earnings; and
3) a statutory witness fee
An Expert witness may be paid a reasonable fee for their services. However, you cannot pay them a
contigent fee