duties to tribunal

Question 0

frivolous claims

Answer 0

1. no good faith basis for an argument on the merits of the action taken or for and extension, modification, or reversal of existing law
2. even if argument is likely to fail, so long as lawyer is informed about the facts of the case, and applicable law, and able to make good faith argument - not frivolous.
3. filing an action where the facts have not yet been substantiated because discovery is needed is not frivolous.
4. it is not frivolous in a criminal defense to require prosecution to prove every element of the case

Question 1

lawyers duties to tribunal (7)

Answer 1

1. avoid frivolous claims
2. candor
3. fairness to opposing parties and counsel
4. expedite litigation
5. maintain impartiality of the tribunal
6. avoid pretrial publicity
7. special duties of a prosecutor

Question 2

duty to cite adverse legal authority

Answer 2

1. legal authority must be controlling in the jurisdiction
2. authority must be directly adverse
3. duty does not arise until opposing counsel has failed to cite authority

Question 3

lawyer with knowledge client intends to provide false evidence or testimony - options

Answer 3

1. persuade client not to offer false testimony
2. lawyer may refuse to offer false evidence
3. lawyer may elicit only testimony lawyer knows to be true
4. may not ignore obvious falsehoods

Question 4

remedial measures available after introduction of false testimony or evidence

Answer 4

1. consult with client and get him to recant or rectify false information or testimony
2. may seek to withdraw
3. may inform the tribunal including disclosures of information that would normally be confidential to rectify the false evidence

Question 5

attorney with suspicion that client may testify falsely

civil and criminal cases

Answer 5

lawyer may not allow evidence if he has actual knowledge of adverse facts, not just doubt or suspicion, with criminal defendants

attorney may refuse to offer evidence in civil matters if he has a reasonable belief the evidence is false

Question 6

dealing with unrepresented parties (3)

Answer 6

lawyer must not state or imply that they are disinterested if the lawyer knows the persons interests may be in conflict with the client

must correct misunderstanding regarding the lawyers interest

may not offer legal advice other than to seek counsel

Question 7

public statements in response to true but incomplete public statements by a prosecutor

Answer 7

lawyer may make statements a reasonable lawyer would believe is required to protect a client from substantial undue prejudice from publicity not initiated by the lawyer

Question 8

lawyer as a 3rd party neutral requirements (5)

Answer 8

1. does not represent any of the parties
2. must explain to unrepresented parties
3. attorney client privilege does not apply
4. must not represent any of the parties subsequently without informed written consent of all parties.
5. conflict will be imputed to firm unless screened