Duties to Others

Question 1

True or false: under the duty of fairness, L must not engage in dishonest conduct with or trick the opposing party.

Answer 1

True

Question 2

Define the duty not to tamper with evidence.

Answer 2

L May not alter, destroy, or hide evidence from opposing party.

Question 3

Does a L have to produce incriminating evidence?

Answer 3

Yes. If L receives incriminating evidence from C, must disclose.

However, L can maintain the duty of confidentiality by refusing to disclose its source.

Question 4

What mustL do if they inadvertently receive a confidential doc?

Answer 4

Stop reading and notify sender

Question 5

Does L have a duty to expedite litigation?

Answer 5

Yes, L must make a reasonable effort to do so.

Question 6

What is the threat rule in the CA rules?

Answer 6

L may not threaten criminal, administrative, or disciplinary charges to gain an advantage in a civil case.

Question 7

True or false: A L cannot bribe witnesses.

Answer 7

True

Question 8

What can a L provide a witness?

Answer 8

• Reasobale expenses
• Reasonable lost wages
• Reasonable expert witness fees

…as long as not contingent on content of testimony

Question 9

What can L say to the media regarding an ongoing trial? (One CA exception)

Answer 9

Can state:
- charges
- defense
- whether an investigation exists
- trial schedule
- ask for help, or
- warn of public danger

In CA, L cannot make a media statement if there is a substantial likelihood it will result in material prejudice.

Question 10

A L may not communicate about a matter with a party that L knows to be represented by counsel, UNLESS:

Answer 10

1. 3P’s counsel consented and L does not intend to embarrass, delay, or burden the 3P, or
2. If legally authorized

Question 11

L can communicate with these only if L does not imply impartiality, explains role if necessary, and does not give advice other than to get outside counsel

Answer 11

Unrepresented third parties