Lawyer Roles

Question 1

What test governs whether a lawyer’s public statement may be improper?

Answer 1

Whether there’s a substantial likelihood of materially prejudicing the proceeding—especially if tried by jury.

Question 2

What must a prosecutor disclose under Brady v. Maryland?

Answer 2

Any material evidence that tends to negate guilt or mitigate punishment, regardless of intent.

Question 3

What is the difference between the Model Rule and California Rule 3.8 for prosecutors?

Answer 3

California imposes a lower knowledge threshold—prosecutor must disclose what they knew or should have known.

Question 4

What are a prosecutor’s obligations when there’s clear and convincing evidence of wrongful conviction?

Answer 4

They must seek to remedy the conviction, including disclosure and initiating an investigation.

Question 5

What are the limits on a lawyer acting as an evaluator?

Answer 5

Lawyer must obtain informed consent if the evaluation materially and adversely affects the client’s interests, and maintain confidentiality.