Duties to the Court Flashcards
What does a lawyer need to do to bring a suit
R.3.1: shouldn’t bring/defend action unless there is a basis in law and fact UNLESS you have a good faith argument for extension, modification, or reversal of existing law
Can a lawyer fail to disclose controlling authority adverse to their client that they’re aware of if not disclosed by opposing counsel?
No, required to disclose under R.3.3(a)(2)
What is false testimony/evidence?
R.3.3(a)(1), (3)
(a) making a false statement of law/law or failure to correct false statement
(b) offering testimony the attorney knows to be false
What should a lawyer do if they knows someone intends to engage in criminal/fraudulent conduct?
R.3.3(b) take reasonable remedial measure including disclosure if necessary
Is attorney required to disclose criminal/fraudulent conduct on a tribunal?
Yes, there is no duty to get consent in this case
What if the lawyer is uncertain?
Not required to disclose, only what they are certain of
Can a lawyer refuse to offer evidence that they reasonably believe is false?
Yes unless it is the testimony of the D in a criminal matter
What can’t that lawyer do when making an argument?
R.3.4(e) can’t allude to any matter that:
(a) the lawyer does not reasonably believe if relevant
(b) that will not be supported by admissible evidence
(c) asserts personal knowledge of facts in issues, EXCEPT when testifying as witness
(d) involves staging a personal opinion as to justness of cause, credibility of witness, culpability of civil litigant, or guilt/innocence of accused
Can a lawyer counsel anyone besides their client?
Under R.3.4 no and should voluntarily give relevant info to anyone else UNLESS:
(1) person is a relative, employee, or agent of the client AND
(2) lawyer reasonably believes the person’s interests will not be adversely affected by refraining from giving info
Can lawyer offer to pay witness for any consideration?
Cannot offer to pay consideration:
(a) in excess of reasonably expenses incurred and reasonably value of witness’ time spent in court, EXCEPT that an expert may be offered and paid a noncontigent fee
(b) contingent on the content of the witness’ testimony or outcome of litigation, OR
(c) otherwise prohibited by law
NOTE: in most jurisdiction it’s improper to pay an occurrence witness any fee and an expert witness a contingent fee
Can a lawyer communicate with a judge?
For routine communication like scheduling yes but CANNOT communicate ex parte under R.3.5(b) with judge, juror, prospective juror, or other official UNLESS authorized to do so by law
Can a lawyer communicate with a juror/prospective juror after discharge?
Yes UNLESS
(a) communication is prohibited by law/court order
(b) juror has made known to lawyer a desire not to communicate, OR
(c) communication involves misrepresentation, coercion, duress, or harassment
What should a lawyer do when appearing before a non-adjudicative proceeding?
R.3.9 - disclose the appearance in a representative capacity (only applies when repping client in connection with official hearing/meeting where lawyer or client is presenting evidence
Can a lawyer state or imply improper influence?
No, under R.8.4(e) cannot state or imply an ability to influence improperly a gov’t official or agency to achieve results that would violate professional conduct rules
What statements are not allowed in regards to trial?
R.3.6(b) statements likely to be disseminated publicly that will have a substantial effect of materially prejudicing an adjudicative proceeding
