3rd Conflict: Lawyers role in rep conflcits with role as officer of ct

Question 1

Litigation rules:

Answer 1

Cant assert a claim unless:

1. Non frivolous
2. BAsed in alw or fact from doing so

Question 2

once your in rules:

Answer 2

1. cant knowingly offering info known to be false
2. reasonable remedial measures
3. Allows attnus to refuse to offer evidence other than testimony of criminal def that lawyer reasonably knows to be false.

Question 3

trilemma

Answer 3

1. duty to know all facts
2. investigate as much as possible (Creates chilling efect on clients)
3. Idea of protecting client confidences but still officer of court- avoid false testimony

Question 4

steps when client wants to commit perjury

Answer 4

1. attempt to dissuade
2. try to withdrawl
3. limit client testimony
4. remedial emasures
   disclose to ct

Question 5

this leads to game playing:

Answer 5

lawyer tiresto remain ignorant- but have duty to be competent.

Question 6

duty to reveal authority 3.3

Answer 6

i. Is authority controlling?

ii. Is authority directly adverse and not disclosed by opposing counsel.

Question 7

playing close to the line

Answer 7

i. Officer of court Advocate= ethical line

1. Truth seeking v. Zealous representation

Question 8

g. Witness Prep

Answer 8

i. Tension between attorneys roles as officer of the court and advocate
1. As advocate should prep client
2. As officer of court- should avoid contact that advanced questionable testimony
a. 3.4 prohibits falsifying evidence, counseling, or assisting witness to testify falsely, or by offering inducement to witness prohibited by law.