Evaluate Falsity to Influence a Prosecutor or Supervisor with Expectations of Reporting

Question 1

Evaluate

Answer 1

Evaluate Arbitrate Advocate

(1) Evaluate = a matter that affect C for use of someone other than C if compatible w/ other aspects of L’s relationship with C. C’s consent required + respect 1.6
(2) Arbitrator = explain that neutral and this is different from representing a C != later become an advocate unless all parties give informed consent; when representing in an non-adjudicative proceeding must disclose appearance in legal capacity.
(3) Advocate != argue frivolous claims and must make effort to expedite litigation != naked delay

Question 2

Falsity

Answer 2

Falsity Disclosure Fairness

(1) Falsity = cannot make false factual/legal statements to tribunal, enter false evidence, encourage another to do so; Must correct any statements made to the court which are later learned to be false =until the end of the case
(2) Disclosure = adverse authority not disclosed by opposing counsel, both sides of facts in an ex-parte proceeding, non-confidential material fact to avoid criminal/fraudulent act by C
(3) Fairness to opposing = not obstruct access to evidence, falsify evidence or compensate witness on contingency, burden discovery, allude to irrelevant evidence or state personal opinion.

Question 3

Influence

Answer 3

Influence Public Witness

(1) Influence != judge, jury, prospective juror, or other official, no ex parte except procedural, after trial = ok to talk to juror
(2) Public statement = R. know dissmeniated and likely prejudice adjudication != TOPIC = test, opinion, plea, Inadmissable (polygraph), or character or criminal record, but can discuss defense, procedure, public record, and safety; civil = those that affect impartiality of jury
(3) Lawyer != advocate where foreseeable to be a witness; HULA = hardship, uncontested formality, legal services valuation, allowed by court; another lawyer in firm can proceed with screen

Question 4

Prosecutor

Answer 4

Prosecutor Third Pro

(1) Prosecutor != knows no PC, reasonable care to advised of right to counsel, not seek waiver of rights from unrepresented, timely disclosure of any exculpatory evidence, not subpoena L, prevent law enforcement and employees from making extrajudicial statement, and post conviction steps to remedy potentially wrongful conviction
(2) Third party != knowing false statement, but puffing ok != communicate with represented person in same matter unless consent by L, cannot state that disinterested and must correct misunderstanding, no purpose to embarrass, delay, burden, and notify opposing party of inadvertent communication, could waive privilege
(3) Pro bono = encouraged != create a conflict; service on board to reform but must inform adverse client will benefit

Question 5

Supervisor

Answer 5

Supervisor Subordinate Independence

(1) Supervisor, L and assistants, = R. oversight and conform with RPCs, responsible for ordering or ratifying conduct or if had knowledge and could have avoided consequences.
(2) Subordinate = personally responsible but not if arguable question that supervisor decided
(3) Independence != assist in the practice or share fees with a non-lawyer except DEP- death, employee compensation plan, practice purchase; != non-lawyer partnership != judgment directed by third party != non-compete agreements

Question 6

Expectations

Answer 6

Expectations Advertisement Specialist

(1) Expectations != make false/misleading communication; unreasonable expectation
(2) Advertisement =ok, but at least 1 lawyer named; Solicitation != direct, via 3rd party, unless ROFF – relatives, other lawyers, forms Cs, friends of L; No compensation for anyone for recommendations, but reciprocal referral agreements between lawyers only ok.
(3) No specialists but can state certified but disclaimer that SC of WA does not recognize the certification of specialties; tradenames but no connection with gov. agency; but for political contributions != ok

Question 7

Reporting

Answer 7

Reporting Disparaging Violation

(1) Reporting = should
(2) Disparaging != judge, candidate, public officer, unless objective, factually accurate
(3) Violation = criminal act, fraud/dishonesy, improver influence, discriminate or bias = associated with practice