Being Professionally Responsible (Misc. Rules)

Question 1

Law firms shall make reasonable efforts to ensure that all lawyers conform w/ the rules.

Answer 1

• supervising lawyer/managing partner must abide by the rules and make sure that all lawyers and non-lawyers acting at their direction do the same
• subordinate lawyer must follow the rules, even if action at another’s direction. No violation if you follow supervisor instructions on an arguable question of professional duty.
• lawyers must adequately supervise non-lawyer employees work

Question 2

Ex parte communications

Answer 2

• cant speak w/ JURORS about ANYTHING
• cant speak w/ JUDGE other than DI MINIMUS communications
• cant speak w/ person REPPED by counsel, EXCEPT no actual knowledge of rep or communication authorized by law or subject of the communication outside the representation
• CAN speak to witnesses for adverse party; if separately repped you MUST go through their lawyer

Question 3

Adverse Legal Authority

Answer 3

Affirmative duty to disclose CONTROLLING legal authority known to the lawyer to be DIRECTLY ADVERSE to the position of the client.

Question 4

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

Answer 4

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Question 5

Special Duties of the Prosecutor

Answer 5

• proceed only on probable cause
• must timely disclose evidence tending to negate the guilt of the accused or which could mitigate the degree of the offense or reduce the punishment (BRADY)

Question 6

Voluntary Pro Bono

Answer 6

strongly encouraged to do 20hr/year and contribute financially to orgs that provide such services

Question 7

File a registration statement every two years when duly admitted to the NY Bar.

Answer 7

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Question 8

“A lawyer must rep his client zealously, within the bounds of the law, and make only meritorious claims and contentions.”

“A lawyer for the defendant in a criminal proceeding may nevertheless so defend the proceeding as to require that every element of the case be established.”

Answer 8

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Question 9

Duty of Fairness to Opposing Party & Counsel:

MUST NOT . . .

Answer 9

• suppress evidence
• advise or cause a person to hide or leave the jurisdiction in order to make them an unavailable witness
• conceal or knowingly fail to disclose info that the lawyer is obligated to reveal
• knowingly use perjured testimony or false evidence
• participate in the creation or preservation of false evidence