Fairness in litigation and dealings with non-clients

Question 1

duty to preserve evidence

Answer 1

3,4

Question 2

comm with jurors 3.5

Answer 2

i. Lawyer shall not engage in ex parte communication with a juror during a proceeding unless authorized to do so by law or court order.

Question 3

c. Contacts with represented persons 4.2

Answer 3

i. A lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer, in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or court order.

Question 4

cmt 7 for rule 4.2 prohibits comm with:

Answer 4

1. Persons who supervise, direct, or regularly consult with the organizations lawyer concerning the matter
2. Persons who have authority to obligate the organization with respect to the matter
3. Persons whose acts, omissions in connection with the matter may be imputed to the organization for the purpose of liability.

Question 5

former employees

Answer 5

i. Consent of the organizations lawyer is not required

Question 6

payments to witnesses/fairness to opp parties

Answer 6

i. A lawyer shall not falsify evidence, counsel, or assist a witness to testify falsely, or offer an inducement to witness that is prohibited by law.
ii. Cmt 3;
1. It is not improper to pay a witnesses’ expenses or to compensate an expert witness on terms permitted by law.

Question 7

iii. Lawyer shall not request that a person other than client refrain from voluntarily giving relevant into to another party unless:

Answer 7

1. The person is a relative or an employee or agent of a client AND
2. The lawyer reasonably believes that the persons interest will not be adversely affected by refraining from giving such info.

Question 8

e. Dealings with unrepresented persons 4.3 3.4

Answer 8

i. A lawyer shall not state or imply that the lawyer is disinterested
ii. Lawyer shall clarify her role of the lawyer knows/ reasonably knows that the unrepped person musinderstands t he lawyers role

Question 9

1. Advice to unrepped person

Answer 9

a. Only to secure counsel if the lawyer knows/reasonably knows that the interests of the person are or have reasonable possibility of being in conflict with the interests of the client.

Question 10

f. Ex parte contacts with the court

Answer 10

i. Lawyer shall not communicate ex parte with a judge during the proceedings unless authorized to do so by alw or ct order.

Question 11

g. Inadvertent disclosure 4.4

Answer 11

i. A lawyer who receives a doc/elec stored info RELATING TO THE rep and knows/ reasonably knows that the doc or elec stored info was inadvertently send shall promptly notify the sender.

Question 12

h. Advocate/witness conflicts

Answer 12

1. Testimony relates to an uncontested issue
2. Testimony relates to the nature and value of legal services redered in the case OR
3. Disqual would work as a substantial hardship to client
   a. Another firm lawyer may act as an advocate unless precluded from doing so via 1.7 or 1.9

Question 13

i. 8.4 violations through agents

Answer 13

i. It is pro misconduct for a lawyer to violate the rules, knowingly assist to do so,, or do so through the acts of another.

Question 14

client harming testimony

Answer 14

lawyer must withdrw because of nonconsentable conflict

Question 15

other testimony

Answer 15

1. Must analyze and obtain consent under rule 1.7 & satisfy the requirements of 3.7