Duties to Non-Clients Flashcards

1
Q

Advertising

A

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.

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2
Q

solicitation

A

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

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3
Q

duty of candor

A

don’t engage in conduct involving dishonesty, fraud or misrepresentation. Can trump confidentiality and loyalty.

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4
Q

duty to present facts and evi truthfully

A

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

  1. conusel not to lie
  2. withdraw
  3. tell the judge
    CA 0 let got in narrative fashion

this duty ends after time appeal ends

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5
Q

duty to produce evidence

A

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

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6
Q

prosecutor’s duties

A

special duty to timely disclose evidence favorable to the defense (exceds BRady - Brady only requies dislcosure regarless of admissibility or impact on outcome)

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7
Q

duty to state law truthfully

A

msut cofront adverse authority if controlling and on point

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8
Q

duty t uphold law

A

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

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9
Q

other duties

A

honesty

don’t harass or discriminate

CA - no using threatts of disciplinary, admin or crminal prcoeeds ing civil dispute

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10
Q

docs sent inadvertantly

A

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

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11
Q

communication

A

must not lie

must not speak to other client without consent of counsel

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12
Q

dealing w press

A

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

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