4. Duties of Advocate to the Tribunal and to Opposing Parties Flashcards
Meritorious Claims and Contentions (GRPC 3.1)
What is the duty of a lawyer regarding non-frivolous claims and defenses?
A lawyer must not file frivolous claims or assert frivolous defenses.
A lawyer must have a good-faith basis in law and fact for claims or contentions.
Expediting Litigation (GRPC 3.2)
What is the duty of a lawyer to expedite litigation?
A lawyer has an affirmative duty to make reasonable efforts to expedite litigation consistent with the interests of the client.
What are the components of a lawyer’s duty of candor toward the tribunal?
- Not making false statements
- Omitting material facts to prevent aiding client fraud
- Failing to reveal known adverse legal authority
- Presenting false evidence
What is required if a lawyer asserts a statement of personal knowledge in an affidavit?
The lawyer must know the statement to be true or believe it to be true based on reasonably diligent inquiry.
What should a lawyer do upon discovering false statements in pleadings or documents?
The lawyer has an affirmative duty to correct them unless the obligation to preserve client confidences prevents disclosure.
What is the affirmative obligation of a lawyer regarding controlling authority?
A lawyer must cite legal authority that is controlling in the jurisdiction and directly adverse to the client’s position if opposing counsel fails to do so.
What must a lawyer do if they learn that evidence they presented is false?
The lawyer must take reasonable remedial measures.
What does a lawyer need to do if perjured testimony has been offered?
The lawyer must first talk to the client confidentially and if the client fails to rectify the situation, seek to withdraw as counsel.
Do criminal defendants have the right to commit perjury with their lawyer’s help?
No, defendants have rights to testify and counsel but not to commit perjury with counsel’s help.
What is required of a lawyer in ex parte proceedings?
A lawyer must disclose all relevant facts to help the tribunal make an informed decision, regardless of whether these facts are adverse.
How long does a lawyer’s obligation to correct misstatements of fact or law last?
Until the conclusion of the proceedings.
What actions are prohibited regarding evidentiary value?
A lawyer cannot unlawfully obstruct access to evidence, alter, destroy, or conceal documents, fabricate evidence, or encourage false testimony.
Under what conditions can a lawyer communicate gifts or loans to judges?
Only as permitted by the Code of Judicial Conduct.
What actions regarding jurors can lead to a lawyer being held responsible?
If the lawyer was aware of their client’s desire to contact jurors and assisted in doing so.
What must a lawyer avoid making during trial publicity?
Public statements that could harm the fairness of the legal process.
What exceptions allow a lawyer to make statements in criminal cases?
- Identity of investigating and arresting officers
- Time and place of arrest
What is a lawyer’s obligation to control others regarding statements made by associated personnel?
A prosecutor must use reasonable care to prevent prohibited statements by investigators and law enforcement personnel.
When can a lawyer act as an advocate at a trial in which they are a necessary witness?
When the testimony relates to an uncontested issue, the nature and value of legal services rendered, or disqualification would work substantial hardship on the client.
What is a prosecutor’s special responsibility regarding evidence?
To make timely disclosure to the defense of all evidence that tends to negate the guilt of the accused or mitigates the offense.
