Preserving the Dignity of the Court, and Additional Duties Flashcards
What are the basic duties?
Duty to preserve the decorum and impartiality of the tribunal
Duty to Expedite cases
Who can you not talk to during or before a trial?
Prospective or impaneled jurors.
May you talk to jurors after a trial?
Yes, to interview consenting jurors. In CA you must tell them they can refuse an interview and have a copy of any resulting court declaration
What is chicanery?
Trickery, especially by lawyers and politicians. E.g referring to inadmissible material or matters unsupported by evidence, asserting personal knowledge of facts at issue.
How must you preserve tribunal decorum?
Refrain from abusive or obstreperous conduct. “A lawyer may stand firm against abuse by a judge but should avoid reciprocation…(CA…“in court”)”
What is the duty to expedite cases?
Under the ABA you have an affirmative duty to expedite cases. In CA you must not delay cases to harass an adversary, or for your own personal gain or convenience
Must you always follow procedural rules or court orders?
Yes, unless you are making a good faith challenge to their validity. Do not abuse or obstruct discovery.
Can a lawyer engage in the unauthorized or unlicensed practice of law?
No. Practice in a state while suspended or not admitted is a violation of the rules, unless a pro hac vice order by the local court or under limited circumstances.
A Texas firm wrote and marketed in CA E-Broke software, which asks users to input answers, determines what bankruptcy schedules and exemptions to file, and prepares petitions. Is this unauthorized practice of law in CA?
Yes, the program activities were beyond the capacities and knowledge of a lay person.
When may a lawyer practice temporarily out of state?
If he (i) associates with a locally admitted lawyer who actively participates in the matter, or (ii) the services relate to alternative dispute resolution, or (iii) the matter arises out of matters reasonably related to the lawyer’s practice in a state where he is admitted and the forum does not require a pro hac vice appearance.
CA: Lawyer must register with the CA bar, pay dues, get continuing legal education, and be subject to CA rules
How must lawyers police conduct of other lawyers?
ABA rules require lawyers to report to the appropriate professional authority any other lawyer’s or judge’s violation of the Rules in any legal, or non-legal, context if it raises a substantial question as to that person’s honesty, trustworthiness, or fitness as a lawyer.
CA does not require external reporting but can discipline you for knowing about a colleague’s disciplinary violation and doing nothing to prevent it
CA also requires self reporting of being charged with certain crimes, being found civilly liable for fraud or breach of fiduciary duty, disciplined in another jurisdiction, or under certain conditions being sued for malpractice or sanctioned.
