3.4 Memorize Rule Flashcards by Jamone Car

Rue 3.4

Fairness to Opposing Party and Council

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Fairness to Opposing Party and Council

Rule 3.4

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Rule 3.4 A lawyer _____ ______

shall not

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Rule 3.4 A lawyer shall not
(a) _______ _______ another party’s access to evidence or unlawfully alter, destroy, or conceal a document or other material having potential evidentiary value.

unlawfully obstruct

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Rule 3.4 A lawyer shall not
(a) unlawfully obstruct _______ ________ access to evidence or unlawfully alter, destroy, or conceal a document or other material having potential evidentiary value.

another party’s

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Rule 3.4 A lawyer shall not
(a) ______ ______ ____ ________ access to evidence or unlawfully alter, destroy, or conceal a document or other material having potential evidentiary value.

unlawfully obstruct another party’s

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Rule 3.4 A lawyer shall not
(a) unlawfully obstruct another party’s _________ ___ _________ or unlawfully alter, destroy, or conceal a document or other material having potential evidentiary value.

access to evidence

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Rule 3.4 A lawyer shall not
(a) Unlawfully obstruct another party’s access to evidence or ________ _______, ______, or _______ a document or other material having potential evidentiary value.

unlawfully alter, destroy, conceal

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Rule 3.4 A lawyer shall not
(a) Unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy, or conceal a _________ or ______ _______ having potential evidentiary value.

document

other material

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Rule 3.4 A lawyer shall not
(a) Unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy, or conceal a document or other material ______ ______ _____ _____.

having potential evidentiary value

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State Rule 3.4

(a) Unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value.

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Rule 3.4 A lawyer shall not
(b) ______ _______, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law.

falsify evidence

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Rule 3.4 A lawyer shall not
(b) falsify evidence, _______ or _______ a witness to testify falsely, or offer an inducement to a witness that is prohibited by law.

counsel or assist

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Rule 3.4 A lawyer shall not
(b) falsify evidence, counsel or assist ___ ________ to testify falsely, or offer an inducement to a witness that is prohibited by law.

a witness

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Rule 3.4 A lawyer shall not
(b) falsify evidence, counsel or assist a witness ___ ________ ______, or offer an inducement to a witness that is prohibited by law.

to testify falsely

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Rule 3.4 A lawyer shall not
(b) falsify evidence, counsel or assist a witness to testify falsely, or ______ ____ _______ to a witness that is prohibited by law.

offer an inducement

Rule 3.4 A lawyer shall not
(b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to ___ _______ that is _______ ____ ______.

a witness

prohibited by law

Rule 3.4 A lawyer shall not
(c) _________ disobey an obligation under the rules of a tribunal, except for an open refusal based on an assertion that no valid obligation exists.

knowingly

Rule 3.4 A lawyer shall not
(c) _________ ________ an _________ under the rules of a tribunal, except for an open refusal based on an assertion that no valid obligation exists.

knowingly disobey
obligation

Rule 3.4 A lawyer shall not
(c) knowingly disobey an obligation ____ _____ ______ of a tribunal, except for an open refusal based on an assertion that no valid obligation exists.

under the rules

Rule 3.4 A lawyer shall not
(c) knowingly disobey an obligation ____ _____ ______ of a _______, except for an open refusal based on an assertion that no valid obligation exists.

under the rules

tribunal

Rule 3.4 A lawyer shall not
(c) knowingly disobey an obligation under the rules of a tribunal, _______ for an open refusal based on an assertion that no valid obligation exists.

except

Rule 3.4 A lawyer shall not
(c) knowingly disobey an obligation under the rules of a tribunal, except for an ______ ______ based on an assertion that no valid obligation exists.

open refusal

Rule 3.4 A lawyer shall not
(c) knowingly disobey an obligation under the rules of a tribunal, except for an open refusal ______ _____ an assertion that no valid obligation exists.

based on

Rule 3.4 A lawyer shall not (c) knowingly disobey an obligation under the rules of a tribunal, except for an open refusal based on ____ ________ that ____ _____ ________ ______.

an assertion no valid obligation exists

Rule 3.4 A lawyer shall not (d) ___ _____ ______, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party.

In pretrial procedure

Rule 3.4 A lawyer shall not (d) In pretrial procedure, _______ __ frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party.

make a

Rule 3.4 A lawyer shall not (d) In pretrial procedure, make a ______ _____ _______ or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party.

frivolous discovery request

Rule 3.4 A lawyer shall not (d) In pretrial proceedings, make a frivolous discovery request or _______ to _______ reasonably diligent effort to comply with a legally proper discovery request by an opposing party.

fail to make

Rule 3.4 A lawyer shall not (d) In pretrial proceedings, make a frivolous discovery request or fail to make _______ _______ ________ to comply with a legally proper discovery request by an opposing party.

reasonably diligent effort

Documents and other items of evidence are often essential to establish a claim or defense. Subject to evidentiary privileges, the right of an opposing party, including the government, to obtain evidence through _________ or ________ is an important procedural right. The exercise of that right can be frustrated if relevant material is altered, concealed or destroyed. Applicable law in many jurisdictions makes it an offense to destroy material for purpose of impairing its availability in a pending proceeding or one whose commencement can be foreseen. Falsifying evidence is also generally a criminal offense. Rule 3.4 Comment 2.

discovery or subpoena

Paragraph (a) applies to evidentiary material generally, including computerized information. Applicable law may permit a lawyer to take temporary possession of physical evidence of client crimes for the purpose of conducting a limited examination that will not alter or destroy material characteristics of the evidence. In such a case, applicable law may require the lawyer to turn the evidence over to the police or other prosecuting authority, depending on the circumstances. Rule 3.4 Comment 2. !!

It is not improper to pay a ___________ expenses or to compensate an _____ _______ on terms permitted by law. The common law rule in most jurisdictions is that it is improper to pay an occurrence witness any fee for testifying and that it is improper to pay an expert witness a contingent fee. Rule 3.4 Comment 3.

witness's expert witness

It is not improper to pay a witness’s expenses or to compensate an expert witness on terms permitted by law. The common law rule in most jurisdictions is that it is improper to pay an occurrence witness any _____ for testifying and that it is improper to pay an expert witness a ______ ______. Rule 3.4 Comment 3.

fee contingent fee

Rule 3.4 A lawyer shall not (e) In ______, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or

trial

Rule 3.4 A lawyer shall not (e) In ______, allude to any matter that the lawyer does not _______ _________ is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or

trial reasonably believe

Rule 3.4 A lawyer shall not (e) In ______, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by ______ _______, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or

trial admissible evidence

Rule 3.4 A lawyer shall not (f)Request a person other than a client to refrain from voluntarily giving relevant information to another party, unless: (1)The person is a relative or an employee or other agent of a client; and (2)The lawyer reasonably believes that the person’s interests will not be adversely affected by refraining from giving such information.