Different Roles of the Lawyer Flashcards
An attorney _______ make a ____________ of ________________. Statements that constitute __________ (i.e., opinions or judgments not made as a representation of fact) are ____________ as part of a ____________.
__________________, such as estimates of price, are ________________ of ________________.
For example, an attorney giving an an ________ about the value of the business is _______ because it is ______.
An attorney must not make a false statement of material fact. Statements that constitute “puffing” (i.e., opinions or judgments not made as a representation of fact) are permissible as part of a negotiation.
Subjective statements, such as estimates of price, are not statements of material fact.
For example, an attorney giving an an opinion about the value of the business is allowed because it is puffing.
A prosecutor _____ make a _______________ to the defense of all evidence or information known to the prosecutor that _______________ of the accused or _______________.
In connection with sentencing, the prosecutor _____ disclose to __________ and to __________ all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by _________________________.
A prosecutor must make a timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigate the offense.
In connection with sentencing, the prosecutor must disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal.
A prosecutor must disclose to the appropriate authority ______________ creating a ________________ that a convicted defendant did not commit the offense for which the defendant was convicted.
The prosecutor will not be subject to discipline if they make a _____________________ that the evidence does not require action.
A prosecutor must disclose to the appropriate authority any new, credible evidence creating a reasonable likelihood that a convicted defendant did not commit the offense for which the defendant was convicted.
The prosecutor will not be subject to discipline if they make a good-faith, independent judgment that the evidence does not require action.
If a lawyer serves as a mediator or other third-party neutral, the lawyer _____ inform unrepresented parties that ______________________________.
If a lawyer serves as a mediator or other third-party neutral, the lawyer must inform unrepresented parties that the lawyer is not representing them.
Unless a judge is subject to disqualification for ___________ or _______________________________________, the parties ____ waive the judge’s disqualification.
However, waiver requires (1) _________________________________________ and (2) the judge _______________________________ to consider, __________________ of the judge and court personnel, whether to waive the judge’s disqualification.
Unless a judge is subject to disqualification for a personal bias or prejudice or personal knowledge of disputed facts, the parties may waive the judge’s disqualification.
However, waiver requires (1) disclosing on the record the basis of the judge’s disqualification and (2) the judge asking the parties and their lawyers to consider, outside the presence of the judge and court personnel, whether to waive the judge’s disqualification.
A prosecutor ____ seek remedy a conviction in ______________ when the prosecutor _____ of ___________________ that a defendant was wrongfully convicted.
This obligation includes _________________ to the defendant or the defendant’s new lawyer and _________________________.
A prosecutor must seek remedy a conviction in the prosecutor’s jurisdiction when the prosecutor knows of clear and convincing evidence that a defendant was wrongfully convicted.
This obligation includes disclosing evidence to the defendant or the defendant’s new lawyer and supporting any motion to set aside the conviction.
A lawyer who has offered material evidence and later comes to know of its falsity _____ to take reasonable remedial measures, including, _________________ to the tribunal (or legislative body).
A lawyer who has offered material evidence and later comes to know of its falsity must to take reasonable remedial measures, including, if necessary, disclosure to the tribunal (or legislative body).
