GA Bar Hot Topics Flashcards
(155 cards)
1
Q
What should you mention in an exam answer if a lawyer has acted dishonestly?
A
The general prohibition against engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation
This applies even if the lawyer violates more specific rules.
2
Q
What are the Georgia Rules of Professional Conduct (RPC) related to?
A
They cover situations outside of the lawyer’s usual practice
Lawyers may be disciplined for certain crimes, especially those reflecting on honesty.
3
Q
Is there a disciplinary penalty for failing to report another attorney’s misconduct?
A
No, but there is an aspirational duty to report
Discuss this duty if a fact pattern includes awareness of another lawyer’s misconduct.
4
Q
In what situation are contingent fees permitted in domestic relations matters?
A
When the representation relates to the recovery of postjudgment balances under support, alimony, or other financial orders
A contingent fee is not proper for obtaining an alimony order.
5
Q
What is the difference between attorney-client privilege and the duty of confidentiality?
A
Attorney-client privilege applies to lawyer-client communications during the relationship; duty of confidentiality prohibits any disclosure of information relating to the representation
Attorney-client privilege allows the client to refuse to testify in formal proceedings.
6
Q
What constitutes ‘informed consent’ in conflicts of interest?
A
The affected client must be aware of all relevant circumstances, reasonable alternatives, and potential harm from the conflict
If a lawyer’s duty of confidentiality prevents disclosure of necessary information, the conflict cannot be waived.
7
Q
What does ‘confirmed in writing’ mean for informed consent under the RPC?
A
It means either the client executes a writing or the lawyer confirms it in writing
This ensures that consent is properly documented.
8
Q
Should a lawyer defend multiple people in a criminal case?
A
No, because the interests of criminal co-defendants are likely to diverge.
9
Q
In civil matters, when can a lawyer represent multiple clients?
A
If the lawyer concludes they can effectively represent all clients and obtains informed consent after explaining the implications.
10
Q
What should a lawyer do if the positions of clients are antagonistic?
A
The lawyer should refuse to represent multiple clients.
11
Q
What is a good practice when representing multiple clients?
A
Discuss the risks to confidentiality.
12
Q
What does ‘First Discuss Over Coffee’ represent in business transactions?
A
Fairness, Disclosure, Outside lawyer, Consent.
13
Q
What is required for business transactions and aggregate settlements?
A
The client’s signature.
14
Q
What should you consider when spotting a former client conflict?
A
Do the representations overlap in function, scope, or information?
15
Q
When representing an organization, what must a lawyer clearly identify?
A
Who their client is.
16
Q
What happens if a client confesses to lying after a proceeding is over?
A
The lawyer is not obligated to reveal the perjury.
17
Q
What is the duration of a lawyer’s duty to report client perjury?
A
Until the proceeding is over.
18
Q
When is a lawyer subject to discipline?
A
A lawyer is subject to discipline for:
* Violating the Georgia Rules of Professional Conduct
* Being convicted of a felony
* Being convicted of a misdemeanor involving moral turpitude related to fitness to practice law
* Committing a crime reflecting adversely on honesty or trustworthiness
* Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation
* Suggesting ability to improperly influence the government
* Failing to promptly pay any final judgment or order against them
* Knowingly assisting a judge in conduct violating judicial rules
* Being regulated by the state where admitted, regardless of conduct location.
The Georgia Rules of Professional Conduct provide a framework for ethical legal practice and outline specific behaviors that can lead to disciplinary action.
19
Q
What constitutes the unauthorized practice of law?
A
Unauthorized practice of law includes:
* Engaging in legal advice
* Appearing on a client’s behalf
Unauthorized practice of law refers to individuals providing legal services without proper authorization or licensure.
20
Q
True or False: A lawyer can be disciplined for assisting another in violating the Georgia Rules of Professional Conduct.
A
True
Assisting another in violating legal ethics can result in disciplinary action for the lawyer involved.
21
Q
Fill in the blank: A lawyer is subject to discipline for failing to promptly pay any _______ rendered against them for money collected as a lawyer.
A
[final judgment or order]
This emphasizes the importance of financial responsibility in legal practice.
22
Q
What types of crimes can lead to a lawyer’s discipline?
A
Crimes leading to discipline include:
* Felonies
* Misdemeanors involving moral turpitude
* Crimes reflecting adversely on honesty or trustworthiness
The nature of the crime is important in assessing a lawyer’s fitness to practice law.
23
Q
How does a lawyer’s conduct affect their fitness to practice law?
A
Conduct that reflects adversely on a lawyer’s honesty, trustworthiness, or involves dishonesty can affect their fitness to practice law.
The legal profession holds high ethical standards, and any deviation can result in disciplinary action.
24
Q
What is the basic rule regarding unauthorized practice of law?
A
Must not engage in or assist someone else in unauthorized practice of law
Examples include appearing on a client’s behalf, giving legal advice, or drafting wills and estate plans.
25
Can a lawyer licensed in one state practice in another state where they are not licensed?
No, except for permissible temporary practice or permissible permanent practice
## Footnote
Permissible temporary practice includes associating with an active local lawyer, pro hac vice admission, or practice arising out of home state practice. Permanent practice includes in-house counsel and practice in restricted branches of law.
26
What are the conditions under which a lawyer can engage in permissible temporary practice?
Associating with active local lawyer, pro hac vice admission, practice arising out of home state practice
## Footnote
These conditions allow for limited legal services in a state where the lawyer is not licensed.
27
What constitutes permissible permanent practice for a lawyer?
Lawyer employed by only client, practice in restricted branch of law
## Footnote
An example of a restricted branch of law is federal agencies.
28
How should law-related services be distinguished from nonlegal services?
Make sure nonlegal services are distinct from legal services
## Footnote
Failing to distinguish may cause the RPC to apply to all services.
29
What must be considered regarding a law firm's name and general structure?
The firm's name must not be misleading
## Footnote
A firm can use names of deceased or retired partners but cannot use the name of a lawyer holding public office if they are not actively practicing with the firm.
30
True or False: A law firm can suggest that lawyers practice in a partnership if they do not.
False
## Footnote
A law firm must not mislead clients regarding the nature of its legal practice.
31
Fill in the blank: A lawyer's name cannot suggest a practice in a _______ if they do not.
partnership
## Footnote
Misleading names can violate ethical guidelines.
32
What must a law firm's name not be?
Misleading
## Footnote
A firm's name must accurately reflect its structure and the practice of its lawyers.
33
Can a law firm use the names of deceased or retired partners?
Yes
## Footnote
This practice is generally acceptable in naming a law firm.
34
Can a lawyer holding public office have their name used in a law firm's name if they are not actively practicing?
No
## Footnote
The name of a lawyer holding public office cannot be used if they are not practicing with the firm.
35
What must a law firm’s name not suggest regarding partnerships?
That lawyers practice in a partnership if they do not
## Footnote
A firm's name should not imply a partnership when it does not exist.
36
What should law firms consider regarding relationships with nonlawyers?
Preserving professional independence
## Footnote
Law firms must maintain the integrity of the legal profession in their dealings with nonlawyers.
37
Is it permissible to set up a partnership involving legal practice with nonlawyers?
No
## Footnote
Legal practice partnerships with nonlawyers are not allowed.
38
Can law firms share legal fees with nonlawyers?
No, with limited exceptions
## Footnote
The sharing of legal fees is generally prohibited, except in specific circumstances.
39
Who is responsible for the actions of another lawyer or nonlawyer in a law firm?
All partners, managers, and supervisors
## Footnote
They must ensure compliance with the Rules of Professional Conduct (RPC).
40
Under what conditions is a supervisory lawyer responsible for a subordinate's act?
If they:
* Order or ratify the act
* Knowingly fail to take remedial action
## Footnote
Supervisory responsibility requires active engagement in compliance oversight.
41
Is a subordinate lawyer responsible for a violation of the RPC?
Yes
## Footnote
Subordinate lawyers must adhere to the RPC even when acting under a supervisor's direction.
42
What is the responsibility of partners, managers, and supervisors regarding their subordinates?
They must make reasonable efforts to ensure that actions by lawyer and nonlawyer subordinates conform to the RPC
## Footnote
RPC stands for Rules of Professional Conduct.
43
Under what conditions is a supervisory lawyer responsible for a subordinate's act?
If they:
* Order or ratify the act
* Knowingly fail to take remedial action
## Footnote
This emphasizes the accountability of supervisory lawyers in a legal setting.
44
Is a subordinate lawyer responsible for a violation of the RPC?
Yes, they must follow RPC even when acting at the supervisor's direction, but can rely on supervisor's direction if it's a reasonable resolution to an arguable question of professional duty
## Footnote
This highlights the balance between following orders and ethical obligations.
45
What are the requirements for a lawyer selling their law practice?
Must sell entire practice to a single lawyer or firm, give written notice + opportunity to retain other counsel or collect their file, and must not increase fees for current clients due to sale
## Footnote
These rules protect client interests during the sale process.
46
Are partnership/employment agreements that restrict a lawyer's right to practice after termination allowed?
No, they are prohibited, except for retirement agreements
## Footnote
This promotes fair practice and mobility for lawyers post-employment.
47
Fill in the blank: Lawyers must not enter into a _______ that restricts their right to practice after termination.
settlement agreement
## Footnote
This ensures that lawyers retain their right to practice law following termination.
48
What must a lawyer communicate to avoid fee misunderstandings?
Scope of representation, basis or rate of fee, and any expenses for which client will be responsible
## Footnote
This is essential to ensure clarity and prevent disputes regarding fees.
49
What factors must be considered to determine if fees are reasonable?
Time, labor, and skill required
## Footnote
These factors help establish the appropriateness of the fee charged by the lawyer.
50
What are the requirements for contingent fee agreements?
Must be reasonable, must be in writing, must contain specific disclosures explaining fee calculation
## Footnote
This includes details on expenses that will be deducted from recovery.
51
In what types of cases are contingent fee agreements not allowed?
Criminal cases and domestic relations matters
## Footnote
An exception exists for collecting past-due balances on financial orders.
52
True or False: Lawyers in different firms can split fees without restrictions.
False
## Footnote
True referral fees are not allowed, but there are conditions under which fee splitting is permissible.
53
Under what conditions can lawyers at different firms divide fees?
* Split is in proportion to services performed by each lawyer
* Or, in some other proportion with joint responsibility for the matter
## Footnote
This ensures accountability and fairness in fee division.
54
What must a lawyer do if a client is using their services to commit a crime or fraud?
The lawyer must withdraw from representation
## Footnote
A lawyer must not counsel or assist the client in illegal or fraudulent conduct, although testing the validity of a law is permissible.
55
What is the implication of a lawyer having knowledge of a client's criminal or fraudulent conduct?
The prohibition applies if the lawyer knows the nature of the conduct or acts with willful blindness
## Footnote
Willful blindness means the lawyer deliberately avoids acquiring actual knowledge of the client's actions.
56
What is the aspirational goal for pro bono service for lawyers?
50 hours per year
## Footnote
While pro bono service is not required, it is encouraged as an aspirational goal.
57
What should a lawyer do when dealing with a client with diminished capacity?
Maintain the normal lawyer-client relationship to the extent possible
## Footnote
The lawyer may also seek the appointment of a guardian or take protective action if necessary.
58
What should a lawyer communicate to avoid misunderstandings regarding legal fees?
The scope of representation, basis or rate of fee, and expenses for which the client is responsible
## Footnote
Clear communication about fees is essential to prevent misunderstandings.
59
True or False: A lawyer is allowed to avoid court appointments.
False
## Footnote
A lawyer must not seek to avoid court appointments except for good cause.
60
Is paying for recommendations or referrals allowed?
No, except for specific circumstances
## Footnote
Permissible circumstances include costs of permitted advertising, usual charges of lawyer referral service or legal services plan, and reciprocal, nonexclusive referral arrangements if the client is informed.
61
What must a lawyer do to limit the scope of representation?
Obtain informed consent from the client
## Footnote
The limitation must be reasonable.
62
Who has the final say in the lawyer-client relationship regarding substantive decisions?
The client
## Footnote
This includes decisions on whether to settle, what plea to enter, whether the client will testify in criminal cases, and whether to waive a jury trial in criminal cases.
63
What must a lawyer do if a client intends to commit a crime or fraud?
The lawyer must withdraw
## Footnote
The lawyer must not counsel or assist the client in illegal or fraudulent conduct.
64
True or False: A lawyer can assist a client in committing a crime if the client consents.
False
## Footnote
Lawyers must not counsel or assist in illegal or fraudulent conduct.
65
What disclosures are required in ads for legal services directed at potential clients in Georgia?
Names of lawyers/firms who paid for the ad and take full responsibility for it
Plans to refer the majority of callers to other lawyers
Disclaimers about portrayals, paid testimonials, and spokespeople
Must keep record of each ad for two years after last dissemination
66
What is the primary rule regarding improper solicitation by lawyers?
Direct personal or live telephone contact with nonlawyers known to need legal counsel is prohibited if initiated by the lawyer and motive is pecuniary gain
67
Under what conditions are targeted written communications generally permitted?
Unless:
* The person has indicated they don't want to be contacted
* It involves coercion, duress, harassment, fraud, intimidation, or undue influence
* The lawyer knows (or should know) that the person’s physical, emotional, or mental state prevents them from exercising reasonable judgment in employing a lawyer
* Fewer than 30 days have passed since an accident or disaster that prompted the communication
* Labeling requirements apply (exception: target is a friend, relative, or former client)
68
True or False: A lawyer can use an agent to contact potential clients if direct contact is prohibited.
False
69
Fill in the blank: Direct personal or live telephone contact with nonlawyers known to need legal counsel is prohibited if initiated by the lawyer and motive is _______.
pecuniary gain
70
What must a lawyer do if they label communications to potential clients?
Follow labeling requirements unless the target is a friend, relative, or former client
71
What is the time frame within which a lawyer cannot contact a person after an accident or disaster?
Fewer than 30 days
72
Are lawyers in different firms allowed to split fees?
True referral fees aren't allowed
## Footnote
Lawyers at different firms may divide fees if the split is in proportion to the services performed or if they assume joint responsibility for the matter with client consent.
73
What are the conditions under which lawyers at different firms may divide fees?
Lawyers may divide fees if:
* Split is in proportion to services performed
* Client consents to participating lawyers and terms of division
* Total fee is reasonable
## Footnote
Lawyers cannot share fees with nonlawyers, with some limited exceptions.
74
When must a lawyer withdraw from representing a client?
A lawyer must withdraw if:
* Continued employment will violate the RPC
* Lawyer's physical or mental condition materially impairs ability to represent client
* Client discharges lawyer
## Footnote
RPC refers to the Rules of Professional Conduct.
75
When may a lawyer withdraw from a representation?
A lawyer may withdraw if there's good cause or if withdrawal won't have a material adverse effect on the client
## Footnote
Good cause examples include a client persisting in criminal/fraudulent actions.
76
Fill in the blank: A lawyer must withdraw if the client's actions are _______.
criminal or fraudulent
77
True or False: A lawyer can continue to represent a client even if their physical condition impairs their ability.
False
## Footnote
A lawyer must withdraw if their condition materially impairs their ability to represent the client.
78
What is one example of good cause for a lawyer to withdraw?
Client persists in a criminal or fraudulent course of action
## Footnote
This includes situations where the lawyer considers the client's course of action repugnant or imprudent.
79
When may a lawyer withdraw from representing a client?
If there's good cause or if withdrawal won't have a material adverse effect on client.
## Footnote
Good cause examples include client persistence in criminal/fraudulent actions, prior use of lawyer’s services for crime or fraud, failure to fulfill obligations, or unreasonable financial burden on the lawyer.
80
What are examples of good cause for a lawyer to withdraw?
* Client persists in a criminal/fraudulent course of action
* Client previously used lawyer's services to perpetrate a crime or fraud
* Client fails to fulfill obligation to lawyer regarding legal services
* Representation imposes unreasonable financial burden on lawyer
## Footnote
Failing to pay bills is a common reason for withdrawal.
81
What duty does a lawyer have to protect client interests upon withdrawal?
* Give reasonable notice
* Return client's papers
* Refund unearned fees
## Footnote
These actions ensure the client is not adversely affected by the lawyer's withdrawal.
82
What does competence require from a lawyer?
Legal knowledge, skill, thoroughness, and preparation
## Footnote
Competence is essential for effective representation of the client.
83
What must a lawyer do if they can solve a problem for a client?
They must act diligently and in the client's interests
## Footnote
This includes learning about the problem without undue costs or delays.
84
What is one of the basic duties to a client?
To ensure the lawyer is competent and diligent
## Footnote
Diligence is crucial for effective legal representation.
85
Fill in the blank: A lawyer must act _______ and in the client's interests.
diligently
86
True or False: A lawyer may withdraw from a case without considering the effect on the client.
False
## Footnote
Withdrawal should not have a material adverse effect on the client.
87
What can a lawyer do if they encounter a problem they cannot solve?
They can learn it or associate with another lawyer
## Footnote
This ensures the client's interests are prioritized.
88
What happens if a client fails to pay their lawyer?
The lawyer may withdraw after reasonably warning the client
## Footnote
This is an example of a breach of obligation by the client.
89
What are the basic duties of a lawyer to a client?
1. Competent and diligent representation
2. Duty of communication
3. Protection of client's information
## Footnote
Duties ensure effective legal representation and client trust.
90
What does competence require from a lawyer?
Legal knowledge, skill, thoroughness, and preparation
## Footnote
Competence is essential for effective legal representation.
91
What must a lawyer do if they cannot solve a client's problem?
Learn it without undue costs/delay or associate with another lawyer
## Footnote
This ensures the client's interests are prioritized.
92
What is the primary concern regarding the lawyer's duty of communication?
Whether the client has the information needed to make informed decisions
## Footnote
Effective communication is crucial for client empowerment.
93
What must a lawyer explain to their client?
The matter and the plan for achieving the client's goals
## Footnote
Clear explanations help clients understand their legal situation.
94
What does the lawyer need to keep the client informed about?
Status updates, especially regarding settlement offers
## Footnote
Keeping clients informed aids in decision-making.
95
What is an exception to the lawyer's duty to keep clients informed?
If the client previously indicated acceptability of an offer
## Footnote
This exception allows for streamlined communication.
96
What are the two key concepts that distinguish the protection of a client's information?
Attorney-client privilege and duty of confidentiality
## Footnote
Both are essential for maintaining client trust.
97
What does attorney-client privilege entail?
A relatively narrow exclusionary rule of evidence that applies to testimony in court regarding confidential communications
## Footnote
This privilege protects client information from being disclosed.
98
Does attorney-client privilege survive the end of the relationship?
Yes, it survives the end of the relationship and the client's death
## Footnote
This ensures long-term protection of client communications.
99
What is the duty of confidentiality in legal representation?
Lawyers must not reveal or use any information relating to the representation
## Footnote
This duty is much broader and continues even after the relationship has terminated.
100
When must a lawyer break confidentiality?
When required by law, court order, or RPC
## Footnote
RPC refers to Rules of Professional Conduct.
101
When may a lawyer break confidentiality?
Examples include:
* Client consent or implied authority to disclose
* Prevent crime that will result in harm or substantial financial loss to another
* Prevent death or serious injury
* Help lawyer collect fee, defend malpractice lawsuit, or respond to another controversy
* Seek legal ethics advice
* Detect and resolve conflict of interest
## Footnote
For all exceptions, disclose only to the extent reasonably necessary to meet the exception.
102
What must a lawyer do to protect a client's property?
Keep client's money in a separate trust account (no commingling)
## Footnote
This is crucial to maintain the integrity of client funds.
103
What must a lawyer do with a client's money?
Keep client's money in a separate trust account
## Footnote
No commingling of funds is allowed.
104
What is an exception for depositing personal funds into a client's trust account?
May deposit personal funds to pay bank service charges only
## Footnote
This is the only permitted exception to commingling.
105
What must a lawyer do upon receipt of nonmonetary property for a client?
Must notify client upon receipt of property in which client has an interest
## Footnote
This ensures transparency and client awareness.
106
What should a lawyer do with disputed property?
Promptly distribute undisputed portion and keep disputed portion separate until resolved
## Footnote
This helps in managing client expectations and legal obligations.
107
For how long must a lawyer maintain records of client account funds and property?
For six years after the end of the matter
## Footnote
This is important for accountability and compliance.
108
What arises from a lawyer's duty of loyalty?
The rules on conflicts of interest
## Footnote
These rules are essential for maintaining professional integrity.
109
How often must lawyers reevaluate and address conflicts of interest?
Conflicts can arise over time
## Footnote
Continuous assessment is necessary to uphold ethical standards.
110
Is a lawyer's conflict of interest imputed to others in the firm?
Generally, yes
## Footnote
This ensures that conflicts are managed at the firm level.
111
What is an exception to the imputation of conflicts of interest?
Conflict based on personal interest that won't materially limit firm's representation
## Footnote
An example is a conflict due to a sexual relationship with a client.
112
What is the rule regarding representing someone adverse to a former client?
Must not represent someone adverse to former client in same or substantially related matter
## Footnote
'Substantially related' means either (1) same transaction or legal dispute, or (2) substantial risk that confidential info obtained in prior representation would be material to new client's position.
113
What constitutes a 'substantially related' matter?
Either (1) same transaction or legal dispute, or (2) substantial risk that confidential info obtained in prior representation would be material to new client's position
## Footnote
This creates a conflict between protecting a former client's confidential information and the duty to assist a new client.
114
What is required for a waiver of conflict with a former client?
Need former client's informed consent, confirmed in writing
## Footnote
This ensures that the former client understands the implications of waiving the conflict.
115
What must a lawyer consider when representing a current client in light of a former client?
Consider whether current client conflict exists too
## Footnote
This is important to ensure that all conflicts are addressed before proceeding.
116
What is the rule for a lawyer who consults with a prospective client?
Must not represent someone adverse to the prospective client in the same or substantially related matter if the info could be significantly harmful to the prospective client
## Footnote
This protects the interests of the prospective client based on information shared during consultation.
117
What is required for a waiver of conflict with a prospective client?
Need informed consent, confirmed in writing
## Footnote
Informed consent ensures that the prospective client is aware of the potential conflict.
118
What is the rule regarding government work and private representation?
Lawyer must not represent private client in connection with a matter in which the lawyer participated personally and substantially as a government employee
## Footnote
This rule is designed to prevent conflicts of interest that arise from the lawyer's prior government role.
119
What must a lawyer not do when consulting with a prospective client?
Represent someone adverse to the prospective client in the same or substantially related matter if the information could be significantly harmful to the prospective client
## Footnote
This is to protect the interests of the prospective client.
120
What is required for a waiver regarding conflicts with prospective clients?
Informed consent, confirmed in writing
## Footnote
This ensures that the prospective client is fully aware of the potential conflicts.
121
Can a lawyer represent a private client in a matter they handled as a government employee?
No, if the lawyer participated personally and substantially in that matter as a government employee
## Footnote
The 'matter' must involve specific facts and parties.
122
What type of work does not qualify as a conflict for a lawyer's prior government service?
Drafting general legislation
## Footnote
This is because it does not involve specific facts and parties.
123
What can cure imputation in cases of government work?
Screening and written notice to the agency
## Footnote
This is relatively rare in Georgia.
124
What must a current government lawyer not do regarding matters they worked on during private practice?
Participate in those matters
## Footnote
This is to avoid conflicts of interest.
125
What is the exception for current government lawyers regarding participation in matters?
No one else can act in the lawyer's place
## Footnote
This allows the lawyer to maintain their role without conflict.
126
What is required for a waiver when a current government lawyer is involved in a matter?
Informed consent from the government agency, confirmed in writing
## Footnote
This protects the integrity of the government process.
127
What must a current government lawyer not negotiate for while participating in a matter?
Private employment with a party or lawyer in the matter
## Footnote
An exception exists for law clerks.
128
What must a lawyer not do if they participated personally and substantially as a government employee?
Represent a private client in connection with that matter
## Footnote
The term 'matter' refers to specific facts and parties involved, not general legislation.
129
What is required for a government agency to waive a conflict of interest?
Informed consent, confirmed in writing
## Footnote
This consent must be explicitly obtained to allow the lawyer to represent a private client.
130
What can cure imputation in conflicts of interest?
Screening and written notice to the agency
## Footnote
Screening is relatively rare in Georgia.
131
Can a current government lawyer participate in a matter they worked on during private practice?
No, unless no one else can act in the lawyer's place
## Footnote
This rule ensures that past involvement does not influence current governmental duties.
132
What must a current government lawyer who is participating in a matter not do?
Negotiate for private employment with a party or lawyer in that matter
## Footnote
An exception exists for law clerks.
133
What must a former judge, mediator, or third-party neutral not do after participating in a matter?
Represent anyone in that matter
## Footnote
This rule maintains the integrity of the judicial process.
134
What is needed for all parties if a former judge wishes to waive a conflict of interest?
Informed consent, confirmed in writing
## Footnote
This ensures that all parties are aware and agree to the waiver.
135
How can imputation be cured when a former judge is involved?
Screening and written notice to the tribunal
## Footnote
This process helps to maintain the fairness of proceedings.
136
What is the trial publicity rule regarding lawyers?
Lawyers must not make extrajudicial statements likely to materially prejudice an adjudicative proceeding. They can share certain dry facts like the accused's identity and fact of arrest.
## Footnote
This rule aims to maintain the integrity of the judicial process.
137
What is the Duty of Candor Toward the Tribunal?
Lawyers must present the law, facts, and evidence to the tribunal truthfully and must not make false statements of material fact or law.
## Footnote
This duty ensures that the tribunal receives accurate and honest information.
138
What must a lawyer disclose to avoid assisting in a client's crime or fraud?
A lawyer must disclose a material fact if necessary to avoid assisting in the client's crime or fraud.
## Footnote
This is part of the ethical obligations of lawyers to uphold the law.
139
What must a lawyer do if they learn that evidence they presented is false?
The lawyer must take reasonable remedial measures if false evidence is offered.
## Footnote
This may involve informing the tribunal or withdrawing the evidence.
140
Can a lawyer refuse to offer evidence they reasonably believe to be false?
Yes, a lawyer may refuse to offer evidence reasonably believed (but not known) to be false; this is permissive rather than mandatory.
## Footnote
The distinction is important in maintaining ethical standards.
141
What is the exception regarding a criminal defendant's testimony?
A lawyer needs actual knowledge to refuse to offer a criminal defendant's testimony on their own behalf due to the constitutional right.
## Footnote
This protects the defendant's right to testify in their own defense.
142
What must lawyers ensure regarding fairness to opposing parties?
Lawyers must not unlawfully obstruct another party's access to the tribunal.
## Footnote
Fairness and honesty are key principles in legal practice.
143
What must a lawyer avoid in terms of fairness to opposing parties?
A lawyer must not unlawfully obstruct another party's access to evidence or falsify evidence
## Footnote
This includes presenting or threatening criminal charges to gain an advantage in a civil matter.
144
Can a lawyer request someone other than a client to refrain from giving information to another party?
No, unless there is a special relationship and the person won't be harmed by not volunteering
## Footnote
The special relationship includes situations where the person is the client's relative, employee, or agent.
145
What are the payment limitations for fact witnesses?
Payments are limited to reasonable travel and incidental expenses, including reimbursement for lost wages
## Footnote
Fact witnesses cannot be paid contingent on their testimony or the case outcome.
146
What fees can be paid to expert witnesses?
Expert witnesses can be paid a reasonable fee plus expenses
## Footnote
Payment must not be contingent on the content of their testimony or the outcome of the case.
147
What is the special role of a public prosecutor?
A public prosecutor must not bring charges that are not supported by probable cause
## Footnote
This role emphasizes the importance of legal ethics in prosecutorial conduct.
148
What is a special relationship exception in legal context?
A person is a client's relative, employee, or agent and won't be harmed by not volunteering information.
## Footnote
This exception allows for confidentiality in certain relationships.
149
What are the limitations on payments to fact witnesses?
Payment is limited to reasonable travel and incidental expenses, including reimbursement for lost wages.
## Footnote
Fact witnesses cannot be compensated for their testimony beyond these expenses.
150
What are the allowable payments for expert witnesses?
Expert witnesses can be paid a reasonable fee plus expenses.
## Footnote
This compensation can include fees for their time and preparation.
151
Can payments to witnesses be contingent on testimony or case outcome?
No, payments may not be contingent on the content of their testimony or the outcome of the case.
## Footnote
This rule ensures the integrity of witness testimony.
152
What is the special role of a public prosecutor?
Must not bring charges not supported by probable cause and must make timely disclosure of exculpatory evidence to the defense.
## Footnote
This role ensures fairness in the judicial process.
153
Is reporting professional misconduct mandatory for lawyers?
No, reporting is not mandatory, but it is encouraged.
## Footnote
Lawyers should report significant violations of the RPC that question another lawyer's honesty or fitness.
154
What should a lawyer do if they observe another lawyer violating the RPC?
They should report the violation if it raises a substantial question about the lawyer's honesty, trustworthiness, or fitness to practice.
## Footnote
This promotes accountability within the legal profession.
155
Is there any discipline for a lawyer who fails to report misconduct?
No discipline for failure to report.
## Footnote
This indicates that while reporting is encouraged, there are no penalties for non-compliance.
