Advocacy Ethics

Question 1

Litigation Tactics: Attorney Rules

Answer 1

1. May not a false statement/fail to correct a false statement of material fact or law to a tribunal; offer false evidence, or f_ail to make remedial measures if offered by the lawyer, the client, or a witness called by lawyer._
2. Has same obligations of candor before legislative body/admin agency
3. The lawyer shall make reasonable efforts to expedite litigation.
4. Lawyers shall not obstruct opposing party’s access to evidence
   
   • ​​Cannot request another person to refrain from giving information to another party, unless relative, employee or other agent AND that person’s interest won’t be adversely affected by refraining from sharing infromation

Question 2

Duty to disclose adverse law

Answer 2

Lawyers must disclose precedent known to be:

1. directly adverse,
2. in the controlling jurisdiction, and
3. not disclosed by opposing counsel

Question 3

Duty to disclose adverse facts

Answer 3

1. Duty to correct false statements - but doesn’t include statements that were true when made, but later became false
2. Limited duty to disclose adverse facts (only when asked);but must comply with discovery requests; may not obstruct/destroy evidencie

Question 4

False Evidence & Client Perjury

Answer 4

Lawyers may not offer up false evidence - including witnesses that you’ll know will perjure themselves

• Lawyers must refuse to allow a witness to falsely testify
• Knowledge vs. reasonable belief (which doesn’t preclude its introduction.)
• Remedial measures are appropriate: First remonstrate with client to correct false statements; if that fails, disclosure to tribunal is appropriate (overrides 1.6)

Exception: criminal defendants have constitutional right ot take stand in own defense. Laywer options:

• Client tells his or her story
• Lawyer does not participate in the direct examination;
• Prosecutor gets to cross examine client
• Lawyer cannot refer to the testimony in closing argument

Question 5

Lawyer as Witness

Answer 5

Lawyer cannot serve dual role as advocate and witness, unless:

1. an uncontested issue,
2. relates to the nature of legal services in case, or
3. disqualification would be substantial hardship for client.