3.6 Trial Publicity & 3.7 Lawyer as Witness Flashcards

(45 cards)

1
Q

Rule 3.6

A

Trial Publicity

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2
Q

Trial Publicity

A

Rule 3.6

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3
Q

Rule 3.6(a) A _______ who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

A

lawyer

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4
Q

Rule 3.6(a) A lawyer who is __________ or _____ ________ in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

A

participating

has participated

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5
Q

Rule 3.6(a) A lawyer who is participating or has participated in the __________ or __________ of a ________ shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

A

investigation

litigation

matter

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6
Q

Rule 3.6(a) A lawyer who is participating or has participated in the investigation or litigation of a matter ___ ______ make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

A

shall not

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7
Q

Rule 3.6(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an ______ _________ that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

A

extrajudicial statement

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8
Q

Rule 3.6(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer ______ or_____ ____ _____ will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

A

knows
reasonably should know

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9
Q

Rule 3.6(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a ________ likelihood of _________ prejudicing an adjudicative proceeding in the matter.

A

substantial

materially

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10
Q

Rule 3.6(b) Notwithstanding paragraph (a), a lawyer may state:
(1) The _____, ______ or ______ involved and, except when prohibited by law, the identity of the persons involved.
(2)
(3)
(4)
(5)
(6)
(7)

A

claim
offense,
defense

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11
Q

Rule 3.6(b) Notwithstanding paragraph (a), a lawyer may state:
(1) ?
(2)
(3)
(4)
(5)
(6)
(7)

A

(1) The claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved

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12
Q

Rule 3.6(b) Notwithstanding paragraph (a), a lawyer may state:
(1)
(2) ?
(3)
(4)
(5)
(6)
(7)

A

(2) Information contained in a public record

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13
Q

Rule 3.6(b) Notwithstanding paragraph (a), a lawyer may state:
(1)
(2)
(3) ?
(4)
(5)
(6)
(7)

A

(3) That an investigation of a matter is in progress

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14
Q

Rule 3.6(b) Notwithstanding paragraph (a), a lawyer may state:
(1)
(2)
(3)
(4) ?
(5)
(6)
(7)

A

(4) The scheduling or result of any step-in litigation

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15
Q

Rule 3.6(b) Notwithstanding paragraph (a), a lawyer may state:
(1)
(2)
(3)
(4)
(5) ?
(6)
(7)

A

(5) A request for assistance in obtaining evidence and information necessary thereto.

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16
Q

Rule 3.6(b) Notwithstanding paragraph (a), a lawyer may state:
(1)
(2)
(3)
(4)
(5)
(6) A ______ of _____ concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest; and
(7)

A

warning

danger

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17
Q

Rule 3.6(b) Notwithstanding paragraph (a), a lawyer may state:
(1)
(2)
(3)
(4)
(5)
(6) A warning of danger concerning the ______ of a ______ involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest; and
(7)

A

behavior of a person

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18
Q

Rule 3.6(b) Notwithstanding paragraph (a), a lawyer may state:
(1)
(2)
(3)
(4)
(5)
(6) A warning of danger concerning the behavior of a person involved, when there is ______ to ______ that there exists a likelihood of ______ ______ to an individual or to the public interest; and
(7)

A

reason to believe

substantial harm

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19
Q

Rule 3.6(b) Notwithstanding paragraph (a), a lawyer may state:
(1)
(2)
(3)
(4)
(5)
(6) ?
(7)

A

(6) A warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists a likelihood of substantial harm to an individual or to the public interest; and

20
Q

Rule 3.6(b) Notwithstanding paragraph (a), a lawyer may state:
(1)
(2)
(3)
(4)
(5)
(6)
(7) ?

A

(7) In a criminal case in addition to subparagraphs (1) through (6):

21
Q

Rule 3.6(b) Notwithstanding paragraph (a), a lawyer may state:
(1)
(2)
(3)
(4)
(5)
(6)
(7) In a criminal case in addition to subparagraphs (1) through (6):
(i) The _______, _______, _______ and family status of the accused
(ii)
(iii)
(iv)

A

identity
residence
occupation

22
Q

Rule 3.6(b) Notwithstanding paragraph (a), a lawyer may state:
(1)
(2)
(3)
(4)
(5)
(6)
(7) In a criminal case in addition to subparagraphs (1) through (6):
(i) ?
(ii)
(iii)
(iv)

A

(1) The identity, residence, occupation, and family status of the accused

23
Q

Rule 3.6(b) Notwithstanding paragraph (a), a lawyer may state:
(1)
(2)
(3)
(4)
(5)
(6)
(7) In a criminal case in addition to subparagraphs (1) through (6):
(i)
(ii) ?
(iii)
(iv)

A

If the accused has not been apprehended, information necessary to aid in apprehension of that person

24
Q

Rule 3.6(b) Notwithstanding paragraph (a), a lawyer may state:
(1)
(2)
(3)
(4)
(5)
(6)
(7) In a criminal case in addition to subparagraphs (1) through (6):
(i)
(ii)
(iii) ?
(iv)

A

(iii) The fact, time, and place of arrest; and

25
Rule 3.6(b) Notwithstanding paragraph (a), a lawyer may state: (1) (2) (3) (4) (5) (6) (7) In a criminal case in addition to subparagraphs (1) through (6): (i) (ii) (iii) (iv) ?
(iv) The identity of investigating and arresting officers or agencies and the length of the investigation
26
Rule 3.6(c) Notwithstanding paragraph (a), a lawyer may make a statement that a ______ ________ would believe is required to protect a client from the substantial undue prejudicial effect of a recent publicity not initiated by the lawyer or the lawyer’s client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity.
reasonable lawyer
27
Rule 3.6(c) Notwithstanding paragraph (a), a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of a recent publicity not initiated by the lawyer or the lawyer’s client. A statement made pursuant to this paragraph shall be limited to such information as is _______ ___ ______ the recent adverse publicity.
necessary to mitigate
28
Rule 3.6(c) Notwithstanding paragraph (a), a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of a recent publicity not initiated by the lawyer or the lawyer’s client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent _______ _______.
adverse publicity
29
Rule 3.6(d) No lawyer associated in a firm or government agency with a lawyer subject to paragraph (a) shall make a statement prohibited by paragraph (a). !
!
30
Rule 3.7
Lawyer as Witness
31
Lawyer as Witness
Rule 3.7
32
Rule 3.7(a) A ________ shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness unless
lawyer
33
Rule 3.7(a) A lawyer ____ ____ act as an advocate at a trial in which the lawyer is likely to be a necessary witness unless
shall not
34
Rule 3.7(a) A lawyer shall not _____ as an _______ at a trial in which the lawyer is likely to be a necessary witness unless
act advocate
35
Rule 3.7(a) A lawyer shall not act as an advocate at a ________ in which the lawyer is likely to be a necessary witness unless
trial
36
Rule 3.7(a) A lawyer shall not act as an advocate at a trial in which the lawyer is ________ to be a ______ ______ unless.
likel y necessary witness
37
Rule 3.7(a) A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) ? (2) (3)
(1) The testimony relates to an uncontested issue
38
Rule 3.7(a) A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) (2) ? (3)
(2) The testimony relates to the nature and value of legal services rendered in the case; or
39
Rule 3.7(a) A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) (2) (3) ?
(3) Disqualification of the lawyer would work substantial hardship on the client.
40
Rule 3.7(b) A ______ may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9.
lawyer
41
Rule 3.7(b) A lawyer _____ _____ as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9.
may act
42
Rule 3.7(b) A lawyer may act as ______ in a _______ which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9.
advocate trial
43
Rule 3.7(b) A lawyer may act as an advocate in a trial which another lawyer in the lawyer's firm is likely to be called as a ________ ________ precluded from doing so by Rule 1.7 or Rule 1.9.
witness unless
44
Rule 1.0(l) ________ when used in reference to degree or extent denotes a material matter of clear and weighty importance.
substantial
45
Rule 1.0(c) _______ or ____ _____ denotes a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association authorized to practice law; or lawyers employed in a legal services organization or the legal department of a corporation or other organization.
firm law firm