Article 3 Advocate

Question 1

Rule 3.3(a) Candor Toward the Tribunal

Answer 1

(a) A lawyer shall not knowingly:
(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.

Question 2

Rule 3.3(b) Candor Toward the Tribunal

Answer 2

(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

Question 3

Rule 3.3(c) Candor Toward the Tribunal

Answer 3

(c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.

Question 4

Rule 3.3(d) Candor Toward the Tribunal

Answer 4

(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.

Question 5

Rule 3.1 Meritorious Claims and Contentions

Answer 5

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.

Question 6

Rule 3.2 Expediting Litigation

Answer 6

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

Question 7

Rule 3.4(a) Fairness to Opposing Party and Counsel

Answer 7

A lawyer shall not:

(a) unlawfully obstruct another party’s access to evidence or unlawfully tamper with material having potential evidentiary value or help someone else do so

Question 8

Rule 3.4(b) Fairness to Opposing Party and Counsel

Answer 8

A lawyer shall not:

(b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;

Question 9

Rule 3.4(c) Fairness to Opposing Party and Counsel

Answer 9

A lawyer shall not:

(c) knowingly disobey an obligation under the rules of a tribunal, except for an open refusal based on an assertion that no valid obligation exists;

Question 10

Rule 3.4(d) Fairness to Opposing Party and Counsel

Answer 10

A lawyer shall not:

(d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party;

Question 11

Rule 3.4(e) Fairness to Opposing Party and Counsel

Answer 11

A lawyer shall not:

(e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or

Question 12

Rule 3.4(f) Fairness to Opposing Party and Counsel

Answer 12

A lawyer shall not:\

(f) request a person other than a client to refrain from voluntarily giving relevant information to another party unless:
(1) the person is a relative or an employee or other agent of a client; and
(2) the lawyer reasonably believes that the person’s interests will not be adversely affected by refraining from giving such information.

Question 13

Rule 3.5(a) Impartiality and Decorum of the Tribunal

Answer 13

A lawyer shall not

(a) seek to influence a judge, juror, prospective juror, or other official by means prohibited by law

Question 14

Rule 3.5(b) Impartiality and Decorum of the Tribunal

Answer 14

A lawyer shall not

(b) communicate ex parte with such a person during a proceeding unless authorized to do so by law or court order

Question 15

Rule 3.5(c) Impartiality and Decorum of the Tribunal

Answer 15

A lawyer shall not

(c) communicate with a juror or prospective juror after discharge of the jury if
(1) the communication is prohibited by law or court order or
(2) the jury has told the lawyer not to communicate with her or
(3) the communication involves misrepresentation, coercion, duress or harassment or
(d) engage in conduct intended to disrupt a tribunal

Question 16

Rule 3.5(d) Impartiality and Decorum of the Tribunal

Answer 16

A lawyer shall not

(d) engage in conduct intended to disrupt a tribunal

Question 17

Rule 3.7 Lawyer as Witness

Answer 17

(a) A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness unless
(1) the testimony relates to an uncontested issue
(2) the testimony relates to the nature and value of legal services rendered in the case or
(3) disqualification of the lawyer would work substantial hardship on the client
(b) A lawyer may act as an advocate in a trial iin which another lawyer in the lawyer’s firm is likely to be called as a witness unless precluded from doing so by 1.7 and 1.9

Question 18

Rule 3.8(a) Special Responsibilities of a Prosecutor

Answer 18

The prosecuter in a criminal case shall

(a) refrain from prosecutiing a charge that the prosecuter knows is not supported by probable cause

Question 19

Rule 3.8(b) Special Responsibilities of a Prosecutor

Answer 19

The prosecuter in a criminal case shall

(b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel

Question 20

Rule 3.8(c) Special Responsibilities of a Prosecutor

Answer 20

The prosecuter in a criminal case shall

(c) not seek to obtain from an unrepresented accused a waiver of important pre-trial rights, such as the right of a preliiminary hearing

Question 21

Rule 3.8(d) Special Responsibilities of a Prosecutor

Answer 21

The prosecuter in a criminal case shall

(d) make timely disclosure to the defense of all evidence and info known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating info known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal

Question 22

Rule 3.8(e) Special Responsibilities of a Prosecutor

Answer 22

The prosecuter in a criminal case shall

(e) not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonable believes
(1) the info sought is not protected from disclosure by any applicable privilege
(2) the evidence sought is essential to the successful completion of an ongoing investigation or prosecution, and
(3) there is no other feasible alternatve to obtain the info

Question 23

Rule 3.8(f) Special Responsibilities of a Prosecutor

Answer 23

The prosecuter in a criminal case shall

(f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from makking extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and thexcerise reasonable care to prevent investigators, law enforcement personel, employees and other persons assisting or associated withh the prosecutor in a criminal case from making an extrajudical statement hat prosecutor weould be prohibited from making under 3.6 or this Rule

Question 24

Rule 3.8(g) Special Responsibilities of a Prosecutor

Answer 24

The prosecuter in a criminal case shall

(g) When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit the offense of which the defendant wass convicted, the prosecutor shall
(1) promptly disclose that evidence to the appropriate court or authority and
(2) if the conviction was obtained in the proseutor’s jurisdiction

(A) promptly disclose that evidence to the defendant unless a court authorizes a delay and

(B) undertake further investigation, or make reasonabll efforts to cause an investigation, or determine whether the defendant was convicted of an office he didn’t commit

Question 25

Rule 3.8(h) Special Responsibilities of a Prosecutor

Answer 25

(h) When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offence that he didn’t commit, the prosecutor shall seek to remedy the conviction

Question 26

Rule 3.6(a) Trial Publicity

Answer 26

(a) A lawyer who is partcipating or partcipated in an investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will go public and will have a substantial likelihood of materially harming an abjudicative propceeding in the matter.

Question 27

Rule 3.6(b) Trial Publicity

Answer 27

(b) A lawyer may state
(1) the claim, offense or defense involved and except where law prohibits the ID of the people involved
(2) info in the public record
(3) that an investigation is in process
(4) the scheduling or result of any step in litigatiion
(5) a request for assistance in obtaining evidence or info necessary
(6) a warning of danger concerning the behavior of a person involved if it’s reasonably to believe the person culd do harm
(7) in a criminal case

(i) the ID, residence, occupation and family status of the accused
(ii) if the accused has not been apprehended, info necessary to aid in the apprehension of the person

(iii) the fact, time and place of the arrest and
(iv) the ID of investigating and arresting officers and agencies and the length of the investigation

Question 28

Rule 3.6(c) Trial Publicity

Answer 28

(c) A lawyer may make a statement counteracting a statement made by another that the lawyer believes will substantially prejudice his client.
(d) No lawyer associated with the firm or government agency with a lawyer subject to a shall make a statement prohibited by a

Question 29

Rule 3.6(d) Trial Publicity

Answer 29

(d) No lawyer associated with the firm or government agency with a lawyer subject to a shall make a statement prohibited by a

Question 30

McDade Amendment

Answer 30

Justice Department prosecutors must abide by the attorney discipline rules in the states in which they practice.

Sahl, John P.. Professional Responsibility in Focus (Focus Casebook Series) (p. 436). Wolters Kluwer. Kindle Edition.