Advocacy and Deception

Question 1

What are the five fundamental principles of advocacy?

Answer 1

Resolve,

legal constraints,

client interests ≠ absolute,

respect for others, and

professionalism.

Question 1

When must a lawyer preserve evidence?

Answer 1

From the moment litigation is reasonably foreseeable (federal) or once litigation is filed/served (California).

Question 2

What triggers a lawyer’s duty to turn over physical evidence?

Answer 2

Constructive possession—when the lawyer takes possession, they must turn it over after a reasonable time.

Question 3

What is improper conduct under the duty of decorum?

Answer 3

Obstreperous behavior such as mockery, profanity, or abusive comments in court or depositions.

Question 4

What trial tactics are prohibited?

Answer 4

Alluding to inadmissible evidence, asserting personal opinions, or misleading statements about witnesses or the case.

Question 5

What is the difference between fraud and deception in legal ethics?

Answer 5

Fraud involves knowingly false statements; deception involves misleading but technically true statements.