Duty of Candor to Public, Dignity to Profession (ads/solicitation) Flashcards
Advertising rules:
Can’t be misleading/false, can’t omit material info
Claim of legal specialties:
must be certified (Experience, Examination, Evaluation, Education)
Advertising cannot:
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
Solicitation
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
Duty of Candor to the Court, basic rules about what you can’t do to court
can’t be dishonest, misrep, or fraudulent
These Trump confidentiality
Duty of providing truthful evidence:
Can’t make false statements, offer evidence you know is false or FAIL TO CORRECT statement you previously made
Client perjury:
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
Duty to produce evidence:
Cannot suppress evidence if you/client have legal obligation to produce regardless of duty of loyalty. Can’t tamper with evidence
Agent touching evidence:
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
Ex parte communications:
Must say the bad side of an argument to the judge too since you owe duty of candor to the court
Prosecutor duty of disclosure
must disclose evidence that helps the defendant
Disclosure must be timely
Duty to state law truthfully
must state all law truthfully, and can’t hide bad authority if it is relevant/on point
Client keeps committing crimes, when you must or may withdraw
If he is using YOUR SERVICES: MUST withdraw
If he is just doing it and you know about it: MAY withdraw
Additional Duties of Fairness:
Must be honest in ALL DEALINGS!!! ALWAYS BRING THIS UP
Communicating with represented parties:
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
Dealing with the Press rules:
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)
Policing Misconduct:
Must report others if it raises substantial questions as to that person’s honesty, trustworthiness or fitness as a lawyer
Duty of subordinate lawyers:
Clear violations = you are liable
Unclear violations = your boss who told you to do it is liable only.
Duty of Fairness to Opposing Party and Counsel
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
threatening:
Not mentioned in ABA, but CA forbids lawyer from threatening to bring disciplinary, administrative or criminal proceedings to gain advantage in civil dispute
