D. Fairness to Opposing Party & Counsel Flashcards
What are Lawyer’s duties towards evidence?*
NOT suppress/tamper evidence!!!
- Of potential evidentiary value!!!
- Where litigation is foreseeable!!!
NOT falsify evidence!!!
NOT assist W to testify falsely!!!
What type of payments to Witnesses are proper?*
- Travels/Meals/Lodging expenses!!!
- Compensation for time lost from W’s job!!!
- Expert W’s reasonable fees (NOT contingent on case outcome)!!!
UNLESS prohibited by local law
May Lawyer advise/cause Person to secrete himself/flee jurisdiction?
NO - For purpose of making Person NOT available as W
When may Lawyer advise Person NOT to voluntarily give info to other party?*
1) Person is either;
- Client’s Agent!!!
- Relative!!!
- Employee!!!
2) Lawyer reasonably believes it will NOT harm Person’s interests!!!
May Lawyer NOT obey certain rules?
Lawyer must NOT knowingly violate
- Rule of procedure
- Rule of evidence
- Rule of court
- Court orders
Lawyer may refuse to obey rule/order
- Must make good faith challenge to validity of rule/order
What are Lawyer’s duties regarding discovery requests?*
NOT make frivolous discovery requests!!!
NOT fail to reasonably comply with Adversary party’s legally proper discovery request!!!
When is Lawyer subject to discipline for chicanery at trial?*
Referring to NON-admissible material
Asserting personal knowledge of contested facts
Asserting personal opinion re
- Justness of cause
- W’s credibility!!!
- Civil litigant’s culpability
- Accused’s guilt/innocence
When may Lawyer threaten/NOT threaten Adversary to gain advantage in civil cases?
Bringing criminal charges
1) Criminal + Civil matters must be closely related
2) Criminal charge + Civil case are warranted
NOT threaten to report for disciplinary violation
