duties to the court Flashcards
general duties atty have in courtroom
duty of candor
duty to tell truth
what duties do you have in making statements to the court
no knowingly making false statements of material fact
no acts/ommissions resulting in fraud
is there a duty to reveal unfavorable facts?
no
unless atty permitted to have exparte comms w/ court, then must reveal
general statement on perjury
dont knowingly offer false EV
what if W perjured
atty must promptly reveal
what if client perjures
atty must promptly reveal unless he didnt find out until after
if he finds out after, he must persuade client to testify truthfully
va client perjury rule
reveal client perjury if necessary to rectify situation
rule if atty knows theres good law on he subject
duty to disclose controlling adverse legal authority
what if atty tells client to not cooperate
atty may not advise W to refrain from voluntarily cooperating
unless W = relative of client
unless info relavant to pending civil trial
atty is making irrelavant arguments, what do we discuss
no frivolous claims
no frivolous discovery requests or fail to comply from opposing party’s requests
talking to the judge
no ex parte comms w/ judge about case
talking to jury
no comms with sitting jurors
can only ask them after the case if their presentation was effective
