5. Different Roles

Question 1

When negotiating, what two things is a lawyer allowed to exaggerate?

Answer 1

1. Estimates of price and value

2. Client’s acceptable settlement limits

Question 2

What evidence is a lawyer allowed to refuse to offer, and what is the one exception to this?

Answer 2

Evidence the lawyer reasonably believes but does not know to be true

Question 3

What four things must a lawyer not do at trial?

Answer 3

1. Allude to a matter which is irrelevant or not supported by the evidence
2. Assert personal knowledge of facts in issue
3. State personal opinions as to the justness of a cause, etc
4. Request a person other than the client to refrain from giving information to the other side, unless there is a relational reason for doing do, e.g. agent, employee, relative of the client

Question 4

What are the two rules for speaking with jurors?

Answer 4

• Lawyer connected with the case: cannot speak to a juror on the case about ANYTHING
• Lawyer not connected with the case: cannot speak to a juror about the case

Question 5

What three things prohibit communicating with a juror after trial?

Answer 5

1. Local law or court order prohibits it
2. Juror tells the lawyer they don’t want to talk
3. Purpose of the communication is coercion or harassment