Duty of Candor to Public, Dignity to Profession (ads/solicitation)

Question 1

Advertising rules:

Answer 1

Can’t be misleading/false, can’t omit material info

Question 2

Claim of legal specialties:

Answer 2

must be certified (Experience, Examination, Evaluation, Education)

Question 3

Advertising cannot:

Answer 3

harass or solicit someone who said no, every ad must be labelled an ad

1) label as ad
2) identify lawyer responsible for contents
3) keep records of content and placement for 2 years

Question 4

Solicitation

Answer 4

Cannot solicit for pecuniary gain in person or live communications
CA: Presumes improper if solicited at scene of crime/on way to hospital
Agents can’t do anything lawyers can’t

Question 5

Duty of Candor to the Court, basic rules about what you can’t do to court

Answer 5

can’t be dishonest, misrep, or fraudulent

These Trump confidentiality

Question 6

Duty of providing truthful evidence:

Answer 6

Can’t make false statements, offer evidence you know is false or FAIL TO CORRECT statement you previously made

Question 7

Client perjury:

Answer 7

can’t KNOWINGLY facilitate client perjury. Process:
1)Civil Case can’t call, Criminal Case: b/c of 5th amendment first pursuade! not to take stand
2)try to withdraw from case
3) Tell the Judge
CA: before telling judge, let client speak in narrative

Question 8

Duty to produce evidence:

Answer 8

Cannot suppress evidence if you/client have legal obligation to produce regardless of duty of loyalty. Can’t tamper with evidence

Question 9

Agent touching evidence:

Answer 9

Agent can look but not touch, does not need to disclose the location. IF HE TOUCHES, he must disclose the evidence, say where he found it BUT can keep who gave him the info a secret

Question 10

Ex parte communications:

Answer 10

Must say the bad side of an argument to the judge too since you owe duty of candor to the court

Question 11

Prosecutor duty of disclosure

Answer 11

must disclose evidence that helps the defendant

Disclosure must be timely

Question 12

Duty to state law truthfully

Answer 12

must state all law truthfully, and can’t hide bad authority if it is relevant/on point

Question 13

Client keeps committing crimes, when you must or may withdraw

Answer 13

If he is using YOUR SERVICES: MUST withdraw

If he is just doing it and you know about it: MAY withdraw

Question 14

Additional Duties of Fairness:

Answer 14

Must be honest in ALL DEALINGS!!! ALWAYS BRING THIS UP

Question 15

Communicating with represented parties:

Answer 15

Can’t communicate with them without their counsel present. with Corporations: ANY CURRENT EMPLOYEE whose communications might BIND OR IMPUTE THE CORP or be an ADMISSION must be with counsel

Question 16

Dealing with the Press rules:

Answer 16

no statements that (1) reasonable person would expect to be publicly disseminated and (2) knows/should know substantial likelihood of materially prejudice case b/c of right to fair trial of defendant.
If info is out there about your client he didn’t put out there, you can address
Prosecutors: no comments that have substantial likelihood of increasing public condemnation of defendant (can state offense/defense, identity of parties)

Question 17

Policing Misconduct:

Answer 17

Must report others if it raises substantial questions as to that person’s honesty, trustworthiness or fitness as a lawyer

Question 18

Duty of subordinate lawyers:

Answer 18

Clear violations = you are liable

Unclear violations = your boss who told you to do it is liable only.

Question 19

Duty of Fairness to Opposing Party and Counsel

Answer 19

Can’t obstruct access to evidence; altering, destroying or concealing material having potential evidentiary value or counseling another to do so.
Can’t ask officer to draft more detailed “criminal behavior”. More detail is fine but can’t direct
Can’t ask witness to not talk to opposing counsel

Question 20

threatening:

Answer 20

Not mentioned in ABA, but CA forbids lawyer from threatening to bring disciplinary, administrative or criminal proceedings to gain advantage in civil dispute