Duty to disclose

Question 1

A lawyer must get the consent of the organization’s counsel before communicating with the following constituents:

Answer 1

(i) A person who supervises, directs, or regularly consults with the organization’s corporate counsel about the matter at hand;
ii) a person whose conduct may be imputed to the organization for purposes of criminal or civil liability; or
(iii) a person who has authority to obligate the organization concerning the matter.

Question 2

The prosecutor must disclose to the defense and to the court:

Answer 2

All unprivileged mitigating information known to the prosecutor, except when a protective order of the court relieves the prosecutor of this obligation).

Question 3

Is a lawyer subject to discipline for offering false evidence?

Answer 3

Only if the lawyer has actual knowledge of its falsehood.

Actual knowledge can be inferred from the circumstances.

Question 4

A lawyer has a duty of candor to the tribunal. Under this duty, when may a lawyer be required to reveal facts that are harmful to his client’s position?

Answer 4

Ex parte proceedings only

Question 5

May a lawyer volunteer advice to a client?

Answer 5

Yes, a lawyer may volunteer advice, but is not obligated to