duties of lawyer to courts

Question 1

state the duties to the court

Answer 1

(1) candor to the tribunal
- no false statements of fact or law
- no false evidence

(2) no frivolous claims or defenses

(3) preserve impartiality and decorum of the tribunal

Question 2

duty to not present false evidence in general

Answer 2

(1) lawyer must refuse to offer evidence they KNOW is false

(2) if lawyer does not know but reasonably believes that testimony or other evidence will be false, a lawyer MAY refuse to offer evidence ….. (except crim D’s testimony on own behalf)

(3) if lawyer has offered evidence that is later discovered to be false, she must take following reasonable remedial measures:

(a) urge client to cooperate in or withdrawing it

(b) seek to withdraw from case or strike the evidence

(c) disclose situation to judge if all else fails (even if confidential info)

Question 3

how to deal with false evidence involving perjury by criminal D

Answer 3

(1) D has Sixth Am right to EAC and Fifth Am right to testify

(2) if lawyer reasonable believes testimony is false, they MUST let D testify

(3) if lawyer KNOWS testimony is false, lawyer must:

(a) persuade client not to testify falsely or recant testimony

(b) consider withdrawal from the case

or

(c) if all else fails, reveal situation to the judge

Question 4

duty not to present frivolous claims or defenses

Answer 4

you cannot bring or defend a position unless ther is a basis for doing so that is not frivolous

good faith argument for extension, modification, or reversal or existing law

lawyer for the D in a criminal case may conduct the defense so that the prosecutor must prove aevery necessary element of the case