fairness and litigation Flashcards
what is the basic rule in fairness and litigation
lawyers must be diligent
what happens if a lawyer cant be dilligent
the lawyer must withdraw
when can you delay
only for good reason; cant delay just for the sake of delay
when can a lawyer assert or defend a friviolus claim
when they have a good faith argument to extend the law
what does it mean to have candor to the court
a lawyer cant knowingly make false statements to law or fact; fail to disclose controlling authority on the other side or offer evidnece the laweyer knows to be false
when can a lawyer refuse to offer evidence (ie may not must)
if they reasonbly beleive the evidence is false
what MUST the lawyer do when they know evidnece submitted was false/perjury has occurred or about to occur
remonstrate (yell) at the witness to correct the falsity/prevent it
what MAY the lawyer do when they know evidnece submitted was false/perjury has occurred or about to occur – two things
tattle to the court and withdraw, and if withdraw is denied, the lawyer can present trial by narritive
how long does the duty to correct errors in litigation
until the litigation is over
how can expert witnesses be paid
for their testimony but no contingency fees
what is an ex parte communication
communication by or for one party
what is the general rule on ex parte communcation by the lawyer
its prohibited; they cant communicate with judges, jurors, or potential jurors
can a lawyer speak to jurors after the litigation
yes
what is the general rule about communications with represented persons
a lawyer or a lawyers agent cant communicate with represented people
a lawyer must have knowlege that they are repped and once they know they have to speak with repped persons atty
what is the presumption you should have about entiites and their rep
assume that members of the control group of an enity are reped by the lawyer for the enitty
