A Lawyer's Duties to Non-Clients Flashcards
3.1 Meritorious Claims and Defenses
This rule requires that . . .
(a) Lawyers SHALL NOT bring frivolous claims, defenses, or addressing issues
(b) Claims and defenses have a basis in law and fact
(c) When defending against incarceration–may require that every element is established by the prosecution
3.3 - Candor Toward the Tribunal
(a) A lawyer SHALL NOT knowingly
(1) Make a false statement of fact or law / fail to correct such statements previously made to the tribunal by the lawyer
(2) Fail to disclose legal authority in the controlling jurisdiction directly adverse to the client (and not disclosed by opposing counsel)
(3) Offer evidence they know to be false / and MUST take reasonable steps to remedy evidence offered that they come to know is false
(b) A lawyer representing a client in an adjudicative proceeding and knows of intended or actual criminal conduct related to the proceeding shall take reasonable remedial measures–including, if necessary, disclosure to the tribunal
(c) The duties in (a) and (b) continue until the end of the proceeding–even if compliance requires disclosures otherwise protected by 1.6.
8.4(c) - Misconduct by Dishonesty
It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.
3.4 - Fairness to Opposing Counsel (a)(b)(d) and (f)
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; or counsel or assist another in such act
(b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law
(d) Make a frivolous discovery request or fail to make reasonably diligent efforts to comply with a legally proper discovery request
(f) Request a person–other than the client–to refrain from voluntarily giving relevant information unless . . .
(1) the person is a relative, employee, or agent of the client
(2) the lawyer reasonably believes the person’s interests will not be adversely impacted by refraining from giving the information
