Duties to Courts

Question 1

What is the general duty of candor?

Answer 1

Must not knowingly make a false statement of fact or law to the tribunal

Question 2

Is a lawyer under a duty to disclose harmful facts or law?

Answer 2

• Facts–no, unless: (1) ex parte proceeding or (2) when necessary to avoid assisting criminal/fraudulent act by client
• LAW–must not knowingly fail to disclose legal authority in the controlling jurisdiction that is adverse to client’s position and not disclosed by opposing counsel

Question 3

What is the general rule of presenting false evidence?

Answer 3

• Lawyer must refuse to offer evidence they know is false
• If lawyer doesn’t know, but reasonably believes that testimony/other evidence will be fault, MAY refuse to offer (other than D in criminal trial–right to testify, so just take reasonable remedial measures)

Question 4

What must a lawyer do if they offer evidence and later discover it’s false?

Answer 4

Take reasonable remedial measures, including:
1. Urge client to cooperate in withdrawing/correcting it
2. If unsuccessful, seek to withdraw if necessary, and/or take other measures to strike evidence
3. If all else fails, disclose to judge, even if that means disclosing information protected by duty of confidentiality

Question 5

For how long does the duty of candor continue?

Answer 5

Until the end of proceedings–when a final jdugment has been affirmed on appeal or the time for appeal has expired

Question 6

What is the rule on frivolous claims?

Answer 6

Cannot bring or defend, or take position, unless there is a basis for beleving doing so is not frivolous
* Can lawyer make a good-faith argument for extension, modification, or reversal of existing law?
* In criminal case, may conduct defense so that prosecution must prove every element

Question 7

May a lawyer communicate with a juror or prospective juror during proceedings?

Answer 7

No (nor any member of immediate family or household) except when authorized by law–NO ex parte communication

Question 8

May a lawyer communicate with a juror or prospective juror after discharge?

Answer 8

Yes, unless:
1. Prohibited by law or court order
2. Juror made known desire not to communicate OR
3. Purpose is just to harass or embarrass or influence actions in future jury service

Question 9

May a lawyer be a witness at trial?

Answer 9

Lawyer must not act as advocate at trial in which lawyer is likely to be necessary witness EXCEPT where:
1. Trial lawyer’s testimony will relate solely to uncontested issue
2. Testimony relates soley to nature and value of legal services rendered in the case
3. Withdrawal would cause substantial hardship to the client

May proceed if OTHER lawyers at firm are likely to be witnesses (i.e., no imputed disqualification)

Question 10

What does the rule against “chicanery” prohibit?

Answer 10

Lawyer must not:
1. Assert personal knowledge of facts
2. Refer to inadmissible material
3. State a personal opinion about justness of a cause, culpability of civil litgant, or guilt/innocence of accused