6) Duties to Others

Question 1

stay in bounds of law: MR + CA

Answer 1

can’t take position w/o probable cause or for purpose of harassment (ok good faith extension)
–crim D: require every element of crime to be established

Question 2

stay in bounds of law: CA only

Answer 2

BP code: L has duty to bring only legal or just claims, can’t file actions for corrupt motives

L may be held liable for malicious prosecution if continues in legal position that he now knows is frivolous

Question 3

L as witness: MR vs CA

Answer 3

both have general prohibition on it

CA has excetion: ok testify if C gives IWC
(both also have exceptions for uncontested matters, nature/value of legal services, substntial hardship to C)

Question 4

special rules for prosecutors: MR + CA

Answer 4

• -not file charges he knows not supported by PC
• -reasonable efforts to ensure that D has been informed of right to counsel + has opportunity to obtain
• -not try to get unrep’d D towaive trial rights
• -timely disclose all evidence that tends to negate guilt OR mitigate
• -watch publicity of his supervisees
• -promptly disclose new, credible, material evidence that creates reasonable likelihood that D dn do crime (to court, to D, and investigate)
• -if clear/convincing evidence that D did not commit crime, seek to remedy conviction

Question 5

responsibilities of prosecutors: MR only

Answer 5

can’t subpoena an L for past/present C unless reasonably believes ot privileged, essential/no alternative

Question 6

relations w judge: CA

Answer 6

• -can’t directly/indirectly give/lend anything of value to court ee or judge (but ok contribute to campaign fund)
• -no communications w judge except in open court or w presence/consent of all other counsel (or ex parte)

Question 7

communication w jurors: CA + MR

Answer 7

• -L can’t communicate w anyone he knows is part of venire
• -during trial: can’t com w jurors
• -after discharge of jury: no questions to harass or embarrass juror or influence future actions
• -no out of court investigation of member of venire in way likely to influence juror’s SOM
• -all this includes family of jurors
• -must promptly reveal to court improper conduct by venire member or juror
• -it’s a crime! PC

Question 8

contact w wits: CA

Answer 8

• -can’t offer inducement to any wit for testimony
• -felony to bribe a wit
• -but yes ok compensate for loss of time and expenses in testifying (+ for prof services if expert)

Question 9

disuptive conduct: CA vs MR

Answer 9

CA: no rule re disruptive / disrespectful conduct in court (tho courts have hteir contempt powers)

MR: no conduct intended to disrupt the court

Question 10

duty to expedite litigation:C A vs MR

Answer 10

MR: L must make reasonable efforts to expedite litigation consistent w C’s interests

CA: only requires not prolong proceedings or cause needless expense

CA: CRIME to willful delay client’s suit for L’s own gain (BP)

Question 11

treatment of evidence: CA

Answer 11

Misdemeanor (PC) to willfully conceal or destroy evidence

Question 12

fairness to OP: MR

Answer 12

1) no unlawfully obstruct access to evidence or alter/conceal
2) no falsify evidence/testimony
3) no disobey obligation under rules of court except open refusal based on assertion that no valid obligation exists
4) no frivolous dy rq
5) no say things in court that won’t be supported by evidence
6) no ask ppl other than C to not give info to others (unless family or ee of C + dn harm that person)

Question 13

fairness to OP: CA

Answer 13

1) no unlawfully obstruct access to evidence or alter/destroy/conceal
2) no suppress evidence has obligation to produce
3) no advise someone to make self unavailable
4) no disobey court rule except for open refusal based on assertion no exists,
5) trial: no assert personal knowledge of facts in issue, ni state personal opinion

Question 14

inadvertent disclosure: CA + MR

Answer 14

if L receives document re rep and knows or should know inadvertently sent then

1) refrain from examining more than nec to determine that privileged or WP
2) promptly notify sender

Question 15

threatening charges: CA vs MR

Answer 15

CA: mut not threaten to present criinal/admin/disciplinary charges to get advntage in civil suit (but ok threaten to sue)

MR: no such rule but under MR must report when know of violations

Question 16

fraud/perjury: CA + MR

Answer 16

1) no knowing false sts to court (or fail correct a previous one)
2) no fail to disclose controlling legal authority known to be diretly adverse and not disclosed by OPC
3) no offer evidence knows to be false (except tmony of D in crim)
4) false evidence in civil or crim proceeding = felony
5) if ex parte must give court all the info including adverse

Question 17

fraud/perjury: remedial measures: CA vs MR

Answer 17

if L or C or wit he called has offered material evidence and L comes to know of its falsity, OR L knows someone intends to engage in crim/fraud re proceeding

MR: L must take remedial measures:
–if nec, disclosure to tribunal (unless would violate confid) [duty to tribunal is above duty to C]

CA: requires balancing duty to court w duty of confid to client

Question 18

crim d who intends to testify falsely: CA

Answer 18

crim-D’s constitutional right to testify continues even if D’s L reasonably beleives tmony will be false

• -try to convince C otherwise
• -call to testify in narrative form OR ask court for permission to withdraw
• -can’t rely on any parts of tmony he knows are false in closing argument

Question 19

trial publicity: MR + CA

Answer 19

no extrajudicial publicity if substantial likelihood of materially prejudicing matter

• -sts ok if:
  1) reasonable to believe nec to protet C from undue preudice of others publicity
  2) the exceptions: basic info, info in public record, what step we’re at, asking for public’s assistance or warning them i substantial likelihood of harm, info to apprehend, fact of arrest, identify agents, identity/area/occupation/family of accused

Question 20

duty of care to 3rd parties: MR

Answer 20

dnuse means that hav eno substantial purpose other than to embarrass/delay/burden 3rd party

no methods to get evidence that violate legal rights

Question 21

truthfulness in sts to others: CA + MR

Answer 21

• -no false st to a 3rd person in course of rep
• -no fail disclose material fact to 3rd person if disclosure necessary to avoid assisting in crime/fraud by C (unless prohibited by confid!)

Question 22

truthfulness to others: CA

Answer 22

• -dishonesty –> disbarred or suspension
• -duty to only use means consistent w truth in cause of action, never mislead judge
• -deceit or collusion = misdemeanor

Question 23

communications w represented parties: CA + MR

Answer 23

–can’t communicate w party you know is rep’d by someone else, about the rep, w/o permission of their atty

party includes:
officer/director/managing agent of a corp
–member or ee of assn/corp/partnership if it’s about that person + might be imputed to org

Question 24

coms w unrep’d ppl: CA + MR

Answer 24

• -L must reveal role and not state/imply disinterest
• -can’t give legal advice to unrep’d person if knows or reasonably should know in conflict w C’s interests
• -can’t seek to get confid info not entitled to

Question 25

L as counselor: MR + CA

Answer 25

• -must exercise independent professional judgment

- -must give candid advice

Question 26

L as arbitrator / mediator: MR + CA

Answer 26

must inform unrep’d parties that not representing them (and explain if needed)