Duties of fairness to Opposing Parties Flashcards
Communication with represented person
A lawyer shall not communicate with parties or witnesses known to be represented by another lawyer unless the other lawyer has consented, or the communication is authorized by
law or court order.
Duty not to tamper with evidence
L may not alter, destroy or hide evidentiary or witnesses from opposing party
Duty to produce incriminating evidence
L who receives incriminating evidence from C must turn it over.
CA: Threat Rule
In CA, a lawyer is prohibited from threatening to present criminal, administrative, or disciplinary charges in order to obtain an unfair advantage in a civil dispute.
Trial Publicity
A lawyer who is participating in an
investigation or litigation or a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be publicly disseminated and have a
substantial likelihood of materially prejudicing the
proceeding.
> May state claim, offense, defense, information in the public records, investigation is in progress, requests for info, warnings of danger.
Communication with Unrepresented Person
L may communicate with 3P only if L does not imply impartiality, explains role if necessary and does give advice other than get counsel if l knows that CL’s interests have a rb change of being adverse to 3P.
Can a lawyer request others to refrain from giving relevant informaton?
No - unless a relative or agent of a client
Can a lawyer make a frivolous discovery request?
No - and cannot fail to rb comply with discovery requests.
