Advocate

Question 1

Rule 3.1 Meritorious Claims and Contentions

Answer 1

No Frivolous Claims.
Only bring/defend cases with a basis in law and fact, or a good faith argument for changing the law.

Criminal Defense Exception: Can require proof of every element even if no strong defense.

Question 2

Rule 3.2 Expediting Litigation

Answer 2

A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.

Question 3

Rule 3.3 Candor toward the Tribunal

Answer 3

1. No False Statements: Don’t make or fail to correct false statements to a tribunal.
2. Adverse Law: Disclose known adverse legal authority not revealed by opposing counsel.
3. False Evidence: Don’t offer known false evidence. Take remedial measures if falsity is discovered.
4. Fraud in Proceeding: Take remedial action if aware of fraud related to the proceeding.
5. Ongoing Duty: Duty continues until the proceeding ends, even if it requires breaking confidentiality (Rule 1.6).
6. Ex Parte Proceedings: Disclose all material facts to tribunal for an informed decision.

Question 4

Rule 3.4 Fairness to Opposing Party and Counsel

Answer 4

1. No Evidence Tampering: Don’t obstruct, alter, destroy, or conceal evidence.
2. No False Evidence/Witness Tampering: Don’t falsify evidence or influence witness testimony illegally.
3. No Tribunal Disobedience: Don’t knowingly disobey tribunal rules, unless openly challenging their validity.
4. Fair Discovery: No frivolous requests; comply with proper discovery efforts.
5. Proper Conduct in Trial: Don’t reference irrelevant or inadmissible matters, assert personal knowledge, or state personal opinions.
6. No Request to Withhold Info:
   Don’t ask non-clients to withhold information, unless they’re a client’s relative/employee and it doesn’t harm their interests.

Question 5

Rule 3.5 Impartiality and Decorum of the Tribunal

Answer 5

1. No Improper Influence: Don’t influence judges, jurors, or officials unlawfully.
2. No Unauthorized Ex Parte Communication: Don’t communicate with judges/jurors during proceedings without authorization.
3. Post-Jury Communication: Don’t communicate with discharged jurors if:
   Prohibited by law or order.
   Juror doesn’t want to talk.
   It involves coercion, misrepresentation, or harassment.
4. No Tribunal Disruption: Don’t engage in disruptive behavior during proceedings.

Question 6

Rule 3.6 Trial Publicity

Answer 6

1. No Prejudicial Statements: Don’t make public statements likely to materially prejudice a proceeding.
2. Permitted Statements:
   Basic Case Info: Claim, offense, or defense.
   Public Record: Information in the public domain.
   Investigation Status: Ongoing investigation.
   Schedule/Results: Steps in litigation.
   Evidence Request: Request for help with evidence.
   Warning of Danger: When substantial harm is likely.
3. Criminal Case Additional Info:
   Accused’s identity, residence, occupation, family.
   Info to help apprehend.
   Arrest details: Fact, time, place.
   Info on officers/agencies.
4. Response to Prejudice: If undue publicity harms the client, can make limited statements to mitigate.
5. Firm/Agency Responsibility: Associated lawyers can’t make prohibited statements either.

Question 7

Rule 3.7 Lawyer as Witness

Answer 7

1. No Lawyer-Witness: Lawyer can’t be both advocate and witness in a trial, unless:
   - Uncontested issue.
   - Testimony on legal fees.
   - Hardship to client if disqualified.
2. Firm Exception: Another lawyer in the firm can advocate if rules 1.7 (Conflict) or 1.9 (Former Client) don’t preclude.

Question 8

Rule 3.8 Special Responsibilities of a Prosecutor

Answer 8

1. Probable Cause Required: Don’t prosecute without probable cause.
2. Right to Counsel: Ensure accused knows about and has a chance to get counsel.
3. No Waiver of Rights: Don’t seek pretrial rights waiver from unrepresented accused.
4. Evidence Disclosure: Disclose exculpatory or mitigating evidence to defense promptly.
5. No Lawyer Subpoena: Avoid subpoenaing lawyers unless:
   No privilege, essential evidence, and no alternative.
6. Public Comments: Avoid comments that increase public condemnation of the accused.
7. New Evidence of Innocence:
   If new evidence suggests wrongful conviction:
   Disclose to court and defendant.
   Investigate further if conviction is in prosecutor’s jurisdiction.
8. Remedy Wrongful Conviction: Act to remedy if clear evidence shows wrongful conviction.

Question 9

Rule 3.9 Advocate in Nonadjudicative Proceedings

Answer 9

1. Disclose Representation: Must disclose when appearing in a representative capacity.
2. Follow Rules:
   Conform to:
   3.3: Candor to Tribunal
   3.4: Fairness in Proceedings
   3.5: Impartiality & Decorum