Pg 25 Flashcards
What are the things that are permissible to discuss with a witness ahead of time?
His perception, recollection, possible testimony, documents or items to refresh his memory, point out inconsistencies in his story, reveal evidence to the witness to find out how it affects his story, explain how the law applies to the case, go over the factual context that the witness’ testimony fits into, talk about his role and demeanour in the court room, discuss likely cross-examination, role-play rehearsal
What are the things an attorney cannot do in preparation for a witness to take the stand?
Knowingly, overtly or covertly influence the witness to testify to something the attorney knows is false
Because of the impressionable nature of memory, an attorney should be very careful not to do what when he is prepping a witness?
Not to be suggestive. Should just start with recall, then recognition, and should use neutral questions
It is necessary to avoid what two things that are forms of disrespect and undermine the legal system?
Bias and prejudice
What are some different types of bias?
Gender, sexuality, racial, obesity, rural location
What’s the definition of bias?
Mental leaning or inclination
What are the two types of bias?
Conscious and unconscious
What is MR 1.8 about sexual relations?
Attorneys cannot have sexual relations with a client unless the sexual relationship already existed between them when the attorney client relationship again
If the client is an organization, what is the rule for sexual relations?
The attorney cannot have sex with a constituent of the organization that supervises, directs, or regularly communicates with the attorney
If an attorney and a client begin a work relationship which eventually devolves into a sexual one, and the attorney doesn’t charge the client, is that a violation of the rules?
Yes, unless the sexual relationship existed at the formation of the relationship
The rule about sexual relationships with clients is a per se rule, so what does that mean?
Anything outside of the single exception to the rule violates the rule. It doesn’t matter if the relationship did or didn’t impact the attorney’s professional judgement
What is MR 1.8 professional misconduct?
An attorney is not allowed to engage in conduct that he knows or reasonably should know is harassment or discrimination based on race, sex, religion, national origin, disability, age, sexual orientation, gender identity, marital status, or socioeconomic status in the practice of law
What is discrimination?
Verbal or physical conduct that manifests bias or prejudice towards others
What is included in the phrase “conduct relating to the practice of law”?
Interaction with your witnesses, coworkers, court personnel, attorneys, others while practising law, Bar Association, business or social activities connected to the practice of law
What are the four I’s involved in the core duty of judges?
Independence
Integrity
Impartiality
avoiding the appearance of Impropriety
The model code of judicial conduct applies to judges in what areas of their lives?
Both personal and professional
A judge cannot preside over a case involving a family member because of what?
The appearance of impropriety
Is the CJC a basis for civil or criminal liability?
No, it just allows a judge to be disciplined for violating a rule
The CJC applies to what kind of judges?
All full-time judges, federal judges but not the US Supreme Court
The standard for the CJC is what in relation to the model rules for attorneys?
Higher
What is a judge?
Anyone authorized to perform judicial functions
What are some examples of judges?
Justices of the peace, magistrates, commissioners, special masters, referees, members of the administrative law judiciary
If a judge inadvertently engages in an ex parte communication, what must he do?
Promptly notify all other parties about the substance of the communication and give them an opportunity to be heard
When must a judge disqualify or recuse himself?
From any proceeding where his impartiality might reasonably be questioned
