Advocate Flashcards
Advocate — 3.1 — Meritorious Claims and Contentions
- Must have basis in law and fact; not frivolous
- The facts do not have to be fully substantiated before filing
• - BUT, the lawyer must inform themselves about the facts of their clients’ cases and the applicable law and determine that they can make good faith arguments in support of their clients’ positions
• - Action is frivolous if unable to make a good faith arguent on the merits of an action taken
Advocate — 3.2 — Expediting Litigation
Attempt to expedite the litigation consistent w/ client int.
NOT legit interests:
- Financial delay
- Other benefit from otherwise improper delay (ie to frustrate an opposing party’s attempt to obtain rightful redress or repose)
Advocate — 3.3 — Candor Toward the Tribunal
a) A lawyer shall not knowingly:
• False statement of material fact
• Fail to disclose adverse info to judge
• Offer or allow false testimony
b) Cannot allow client to fix the jury or other
c) Disclose all known facts in ex parte proceedings
Must take reasonable remedial measures
Advocate — 3.4 — Fairness to Opposing Party and Counsel
A lawyer shall not:
a) Hide or destroy documents or obstruct
b) Falsify evidence
c) Knowingly disobey an obligation
d) Be a jerk about discovery
e) Introduce opinion or irrelevant issues
f) Advise third parties not to give info unless:
• Person is relative or agent of client
• And that person’s interests won’t be harmed
Advocate — 3.7 — Lawyer as Witness
a) Lawyer can’t advocate if he will be witness unless:
• Testimony relates to uncontested issue
• Testimony relates to legal services rendered
• Disqualification of lawyer would be hardship on client
A lawyer may advocate in a trial in which another lawyer in the firm is likely to be called as a witness unless precluded from doing so by 1.7 or 1.9.
Advocate — 3.8 — Special Responsibilities of a Prosecutor
a) Don’t charge if no probable cause
b) Make sure defendant knows he can have a lawyer
c) Don’t seek waivers from unrepresented defendants
d) Timely discovery to defense
e) Don’t subpoena a lawyer about a client unless:
• No privilege
• Evidence is essential
• No other alternative
Don’t shoot mouth off to media
