Duty of Candor to the Court and Fairness to Your Adversary

Question 1

Attorneys cannot engage in conduct involving…

Answer 1

dishonesty, fraud, or misrepresentation. These duties trump the conflicting duties of confidentiality and loyalty to your client.

Question 2

You must not make a false statement of material fact or offer evidence you know is false to a tribunal, or…

Answer 2

fail to correct any false evidence you have offered.

Question 3

If you only reasonably believe evidence is false, you may…

Answer 3

refuse your client’s instruction to use it.

Question 4

You must not knowingly facilitate…

Answer 4

perjury.

Question 5

In a civil case, you must refuse to call a witness, including your client, if you know he intends to perjure himself. However, criminal defendants…

Answer 5

have a Constitutional right to testify on their own behalf.

Question 6

You know your client intends to lie on the stand in his criminal trial. What do you do? _

Answer 6

1. Counsel your client to testify truthfully or not take the stand.
2. If that fails, you should try to withdraw from the case.
3. If that fails, tell the judge to avoid assisting in a criminal act.

Question 7

The right to counsel and the duty of confidentiality do not…

Answer 7

shield perjury.

Question 8

If you have information clearly establishing that a non-client has perpetrated a fraud on a tribunal where you are appearing, you must…

Answer 8

promptly reveal it to the tribunal, even if that requires disclosing confidential information.

Question 9

You must not counsel or assist a witness to testify falsely or to…

Answer 9

become “unavailable.”

Question 10

Attorneys may pay basic expenses of a witness and reasonable fees for expert witnesses, as long as…

Answer 10

payment is not contingent on the content of the testimony.

Question 11

If you do not know, but only reasonably believe, that testimony is false, telling the judge is…

Answer 11

permissive.

Question 12

You must not obstruct access to evidence, or…

Answer 12

cause potential evidence to be altered or concealed, regardless of your duty of loyalty.

Question 13

Erik brings you a shotgun saying he killed his father with it. He is charged with murder, and you are subpoenaed for the production of physical evidence received from your client. Must you turn over the gun?

Answer 13

Yes, it is not insulated by confidentiality or privilege.

Question 14

May you disclose what Erik told you about the gun?

Answer 14

No.

Question 15

You must draw a line between…

Answer 15

physical evidence and confidential information.

Question 16

What if Erik told you he threw the emptied gun into the bushes behind his house? Your investigator finds it but leaves it untouched. May you be compelled to tell the authorities about it?

Answer 16

No, You can look, but don’t touch.

Question 17

If your investigator retrieved the gun and examined it, could she then be compelled to produce it for the authorities? Tell where she found it?

Answer 17

Yes and yes.

Question 18

An attorney or her agent may be compelled to testify as to the _______________________ or ____________________ of evidence that she moved or altered.

Answer 18

original location or condition

Question 19

May you reveal the source of the information about the gun’s location?

Answer 19

No.

Question 20

“_____________” proceedings are communications with the judge without your adversary present.

Answer 20

ex parte

Question 21

Your ethical duties of candor to the court and fairness to your (absent) adversary require you to…

Answer 21

volunteer material information, trumping the normal presumption that you not reveal facts harmful to your client.

Question 22

Before an ex parte proceeding, you must promptly give…

Answer 22

notice and copies of the proceeding to other parties.

Question 23

____________ have higher ethical obligations than other lawyers.

Answer 23

Prosecutors

Question 24

The basic duty of a prosecutor is to seek justice, not just to…

Answer 24

win cases.

Question 25

Prosecutors have a special duty to timely disclose…

Answer 25

evidence favorable to the defense.

Question 26

Prosecutors must also have ________ _____ to bring a case.

Answer 26

probable cause

Question 27

Knowingly making a false statement of law is…

Answer 27

subject to discipline.

Question 28

Be candid about the law and cite to…

Answer 28

adverse authority if controlling and on point.

Question 29

You may make a non-frivolous good faith rgument for…

Answer 29

modification of existing law.

Question 30

f continued representation would require you to commit or assist in committing a crime, you…

Answer 30

must withdraw.

Question 31

If your client persists in criminal acts, but you are not assisting, you…

Answer 31

may withdraw.

Question 32

If your client is going to commit a crime that would cause death or substantial harm to another’s person, finances, or property and you cannot talk him out of it, you…

Answer 32

must reveal the information necessary to prevent it.

Question 33

If you discover you have offerred false evidence to a tribunal, you must take one or more of these remedial measures:

Answer 33

• try to correct it, e.g., counsel a witness to recant;
• try to withdraw;
• or as a last resort disclose what is necessary to the tribunal, even if it is confidential or privileged.

Question 34

f your client has perpetrated a fraud on a third-party related to and during your representation of him, you…

Answer 34

may reveal information necessary to establish and remedy the fraud.

Question 35

You have a duty not to interfere with a defendant’s right to…

Answer 35

a fair trial.

Question 36

You and your agents must avoid out-of-court statements that….

Answer 36

you reasonably should know have a substantial likelihood of interfering with the fairness of a jury trial.