Duties to Non-Clients Flashcards
Advertising
Must not be false or misleading (CA requires disclosing if client will pay cost)
don’t raise unjsutified expectations or make unverifiable comparisons (CA no guarantees, warranties or predictions of results)
specialty - must have a certified specialist degree
cannot pay for recommending services, except reasonable costs of advertising.
solicitation
do not seek employemnt for pecuniary gain by intiating live phone or realtime auditory or vsiaul contact with specific peopel who you have no prior relationship with
duty of candor
don’t engage in conduct involving dishonesty, fraud or misrepresentation. Can trump confidentiality and loyalty.
duty to present facts and evi truthfully
must not make false statemetn of material fact or offer evidence you know is false to the tribunal or fail to correct a flase statemnt of material fact or law you previously presented
civil - must refuse to call any client you know will perjure himself
criminal - client has a 5th amendment righ tto testify and a 6th amendment righ tto effective assitance of counsel so take remedical measures
- conusel not to lie
- withdraw
- tell the judge
CA 0 let got in narrative fashion
this duty ends after time appeal ends
duty to produce evidence
must not suppress any evience that you or your client has a legal obligations to reveal or produce regardless of duty to loyalty
remember must tell where evidence is if you’re asked (and told by your client) but must not tlel how you learned
prosecutor’s duties
special duty to timely disclose evidence favorable to the defense (exceds BRady - Brady only requies dislcosure regarless of admissibility or impact on outcome)
duty to state law truthfully
msut cofront adverse authority if controlling and on point
duty t uphold law
if continued representation would require you to commit or assist in committing a crime you must withdraw
if client prersists in cirminal acts but you are NOT assisting you may withdraw
other duties
honesty
don’t harass or discriminate
CA - no using threatts of disciplinary, admin or crminal prcoeeds ing civil dispute
docs sent inadvertantly
if reaosnably know sent inadverantly, promptly notify
CA - must stop reading as soon as realize inadveratnte transmission of privileged or work product
careful for metadata
communication
must not lie
must not speak to other client without consent of counsel
dealing w press
duty not interfere w D’ right to fair trail
avoid out of court statemetns that you reasonably should know have a subtantial likeilhood of materially prejudicing case