Duties to Profession / Third Parties

Question 1

Duty of Candor to Tribunal in Stating Law and Facts

Answer 1

L must:
1. Corret prior false statements of material facts
2. Disclose all material facts in ex parte proceedings
3. Not make false statements of fact or law
4. Disclose controlling legal authority even if harmful

Question 2

Duty of Candor to Tribunal Regarding False Evidence

Answer 2

Lawyer:
1. Must Refuse to offer evidence known to be false
2. May refuse to offer evidence L reasonably believes to be false
3. Must take remedial action if L later learns evidence provided is false by (i) urging client to withdraw; (ii) seeking to withdraw or strike evidence; (iii) tell judge (not CA if confidential)

Question 3

Duty of Candor to Tribunal re Perjury

Answer 3

ABA: Take reasonable remedial measures approach
CA: Instead of telling Judge, have client testify in narrative form

Question 4

Duty to Expedite Litigation

Answer 4

Consistent with C’s interests, L must make reasonable efforts to expedite litigation

Question 5

Advertising

Answer 5

Must be:
1. Truthful
2. Labeled as Advertising
3. Provide Name/Address of Firm and at least one L

Question 6

CA Presumption of Advertising Violation

Answer 6

1. Express Guaranty or Warranty
2. Testimonial Without Disclaimer
3. Fee w/o recovery label withotu disclosure of client costs

Question 7

Duty to Unrepresented Party

Answer 7

Can’t ask disinterested and can’t give them legal advise

advise them to seek counsel

Question 8

Duty to Represented Parties

Answer 8

Must communicate thorugh other L unless that L consents, or authorized by law or Courto rder

Question 9

Duty to Employees of Corporation

Answer 9

May Speak to Them if:
1. Person who supervises, directs, or regualrly consults with org’s lawyer concerning matter
2. Person has authority to obligate org
3. Person’s act or omission may be imputed to org
4. NOT FORMER EMLOYEES

Question 10

Duty to Oppossing L re: Inadvertant Disclosures

Answer 10

1. Promptly notify Sender
2. Do not falsify, tamper, or alter
3. Return the material
4. NOTE: In CA, do not examine once determined it falls under work product doctrien

Question 11

Trial Publicity

Answer 11

No extrajudicial statement if there is a substanital likelihood of material prejudice

May resond to extrajudicial statements to protect client’s interests

Question 12

Duty to Profession

Answer 12

-No Friviolous Claims
No Harrassment/Threats (CA)
-No Trial Antics (“Chicanery) in ABA (CA slightly more relaxed)

Question 13

Reporting Ethical Violations

Answer 13

CA: Report of others permitted but *must report own violations *
ABA: Must report another L’s violation that raises substantial question as to fitness of L

Question 14

Duty of Supervising Attorney

Answer 14

Responsible for another’s violation if they ordered it, ratified it, or failed to mitigate it

Firm must trai members to fllohtics rules

Question 15

Duty of Subordinate Lawyers

Answer 15

Only responsible for clear violations of ethics by or ordered by supervisor

Not Responsible for following supervisor’s reasonable resolution of an arguable ethcs question

Question 16

Duty of Subordinate Lawyers

Answer 16

Only responsible for clear violations of ethics by or ordered by supervisor

Not Responsible for following supervisor’s reasonable resolution of an arguable ethcs question