E. Impartiality & Decorum of the Tribunal Flashcards
Who must Lawyer NOT seek to influence?*
NOT by manner prohibited by law!!!
- Judge
- Court Official
- Juror/Prospective Juror
May Lawyer communicate with Judge/Court Officials during pending proceeding?*
NO WRITTEN ‘ex parte’ communication
- UNLESS authorised by law/court order
- UNLESS copy of communication timely sent to opposing parties (NOT before comms) !!!
NO ORAL ‘ex parte’ communication re ‘merits’
- UNLESS adequate notice given to opposing parties!!!
May Lawyer communicate with Jurors/Prospective Jurors ‘before/during’ trial?*
Lawyer connected to case
- NO communication on any SUBJECT!!!!
Lawyer NOT connected to case
- NO communication re CASE!!!
UNLESS investigating jury panel;
- Background
- Grounds for challenge
- Reviewing public internet profiles (NOT sending access requests to social media accounts)
When may Lawyer NOT communicate with/investigate former Jurors/Prospective Jurors AFTER discharge of jury trial?*
Prohibited by local law/court order!!!
Told by Juror NO desire to communicate!!!
Involving misrep/coercion/harassment!!!
When must Lawyer NOT make false statements re Judges/Candidates for Public Legal Office?*
Lawyer knows statement is false!!!
Lawyer recklessly disregards truth/falsity of statement!!!
Statement re qualifications/integrity of;
- Judge
- Hearing Officer
- Public Legal Official
- Candidate for judicial/other legal office
