being professionally responsible

Question 1

responsibilities of law firms, partners, managers, and supervisory lawyers

Answer 1

1) law firms: must make reasonable efforts to ensure all lawyers in firm conform to rules
2) supervising lawyer/managing lawyer: must abide by rules and make sure all lawyers and non-lawyers acting at their direction do the same
- managing lawyer can be held responsible for conduct of subordinates if they knew of wrongful conduct and did not report it, or if they told subordinate to perform act
3) subordinate lawyer must follow rules even if superior is directing you. No violation if you follow supervisor’s instructions on arguable question of professional duty.
4) non-lawyer employees: lawyers at firm must ensure non-lawyer’s work is adequately supervised and lawyer can be held responsible for acts of non-lawyer

Question 2

conducting litigation fairly

Answer 2

1) ex parte communications:
a) with jury: a lawyer cannot speak to jurors about any issue
BUT after trial, ok unless:
-prohibited by ct order
-juror doesn’t want to talk
-cannot harass jurors

b) with judge: cannot communicate ex parte, other than de minimis communications

c) with represented party: lawyer shall not communicate or cause another to communicate about subject of representation with a party the lawyer knows to be represented by another lawyer in matter, unless:
i) other party’s lawyer consents
ii) communication is authorized by law

d) with unrepresented party/person: in communicating on behalf of a client with a person or party who is not represented by counsel, a lawyer shall not state or imply that lawyer is disinterested. If unrepresented person misunderstands lawyer’s role in matter, lawyer shall make reasonable efforts to correct misunderstanding. Lawyer shall not give legal advice to an unrepresented person, other than advice to obtain counsel
e) witnesses for adverse party: open season to speak with adverse party’s witness. Defense counsel can speak with P’s treating physician ex parte

BUT: if witness is separately represented, must go through lawyer

2) adverse legal authority: a lawyer has aff duty to disclose controlling legal authority known to lawyer to be directly adverse to position of client. duty doesn’t extend to facts
3) in an ex parte proceeding: a lawyer shall inform tribunal of all material facts known to lawyer that will assist tribunal to make an informed decision, whether or not the facts are adverse to the client

Question 3

special duties of prosecutor

Answer 3

1) proceed only on probable cause
2) must disclose in a timely manner evidence tending to negate guilt of accused or which could mitigate degree of offense or reduce punishment

Question 4

voluntary pro bono service

Answer 4

lawyers strongly encouraged to provide pro bono services and should aspire to:

• provide 20 hours per year
• contribute financially to organizations that provide such services

Question 5

integrity of profession

Answer 5

a lawyer must uphold the integrity of the profession and its members by not making unfair or derogatory remarks to other lawyers and not giving or lending any items of value to a judge or other public official except as permitted by Code of Judicial Conduct (ex: contributions to judge’s campaign)

Question 6

registration statement

Answer 6

every atty shall file a registration statement every 2 yrs when duly admitted to bar. registration statement is a public record on submission of a written request and fee.

Question 7

tip for NY essays

Answer 7

if any potential PR issue on exam, write this in rule paragraph after issue:

civil: a lawyer must represent his client zealously within the bounds of the law and make only meritorious claims
criminal: same rule applies but a lawyer for D in criminal proceeding, or for 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