Duty of Fairness to Opposing Counsel Flashcards
What is the CA rule for threatening charges?
A lawyer may not threaten to bring criminal, administrative, or disciplinary charges in an effort to obtain an advantage in a civil dispute
What is the ABA and CA rule for the duty to not file a frivolous claim? What would violate this rule under ABA? CA?
A lawyer must not present a claim or defense that is not warranted under existing law, unless it can be supported by a good-faith argument seeking a change in the law
ABA violation: claim brought to embarass, delay, or buden a third party is a violation
CA: a claim without probable cause and for the purposes of harassing or malicously injuring a person
What is the duty for communicating with persons represented by counsel?
A lawyer cannot have contact with an opposing party that the lawyer knows is represented by counsel, unless the oppsing counsel consents.
What is the duty for communicating with a represented organization? What is the exception?
A lawyer is generally prohibited from communicating with constituents of a represented organization without consent. But consent is not required for a former constituent/employee.
