Duty of Candor Flashcards
Define
Duty of Candor to the Public
Duty of candor requires that attorney actions are not false or misleading.
Advertisments
Advertisments may not be false, misleading, or raise unjustified expectations.
Requiremnts:
1. Must be labled as advertisement
2. Must identify the attorney responsible
What types of ads are permitted?
Targeted direct mail are ok unless person indicated wanting to be left alone.
What is impermissible on an ad?
May not
1. Gaurantee an outcome
2. Privde warranty
3. Give prediction
Solicitation
May NOT
1. Solicit by phone
2. In person
3. real time electronic contact
unless Person contacted is:
1. a lawyer
2. has a close preexisting relationship
all solicitation must include the word “advertisement”
Candor to the Court
All lawyers are prohibited from engaging in conduct involving dishonety, fraud, deceit, or misrepresentation
Duty To Present Facts & Evidence Truthfully
A lawyer cannot make or offer false statements.
A lawyer must correct false statments of material fact or law.
What must a lawyer do upon client perjury
A lawyer must disclose only evidence they know is false but a reasonable belief is sufficient.
In civil cases: You may refuse to call client as witness
In Criminal Cases: Must counsel client to testify truthfully, but if the client instis you may
1. Tell the judge (ABA)
2. Have defendant testify in narritive style (CA)
Duty to Produce Evidence
A lawyer cannot suppress evidence or obstuct access or tamper with evidence of a crime.
However, you may not disclose how you obtained the object.
Special Duties of a Prosecutor
- May not prosecute without probable cause
- Must ensure the defendant is advised to right of counsel
- Must timley disclose exculpatory evidence
- Must timly disclose any new, credible, matieral evidence creating a reasoanbly liklyhood of defendant’s innocence
Extrajudicial Statements
Prejudicial Statements
A lawyer may not make extrajudicial statments that would inhibit a defendant’s right to a fair trial nor may a lawyer make a statement that would prevent selection of impartial jury or prejudice the defendant.
Extrajudicial Statements
Permitted Statements
A lawyer may make extrajudicial statements stating
1. the basic facts concerning the case (claim, offense, defense invoved)
2. Identify investigating and arresting officers
3. Statements required to protect client from substantial undue prejudice from a recent (not self-initiated) publication.
Duty to State the Law Truthfully
A lawyer cannot knowingly make false statements of law.
Duty to uphold the law
A lawyer has a duty to uphold the law and prevent death or serious bodily injury.
Duty of Fairness
A lawyer has a duty to treat all 3rd parties fairly.
A lawyer cannot use means with no purpose but to delay, burden, or embarrass.
