General Flashcards
Duty of Honesty
Lawyer cannot make in-verifiable expectations.
Duty to Avoid Frivolous claims
Where there is no good faith belief in the validity.
Candor Toward the Tribunal
1) Make a FALSE STATEMENT of fact or law to tribunal
2) FAIL to CORRECT ST. MATERIAL FACT or law previously made to tribunal by law.
3) Fail to inclose to the tribunal LEGAL AUTHORITY in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.
4) Offer FALSE evidence
Fairness to Opposing Counsel
A lawyer must not:
1) unlawfully OBSTRUCT another parties access to evidence or unlawfully ALTER, DESTROY, or CONCEAL a document or other material having potential evidentiary value, or counsel or assit another person to do any such act;
2) Falsify evidence
3) Knowingly DIOBEY an obligation under the RULE of the tribunal except for an open refusal based on a asssertion that no valid obligation
4) in pretrail procedura, making frivolous request or fail to make diligent efforts to comply
5)
6) request a person other than their client to voluntarily refrain from giving information.
Duty to Avoid Frivolous claims
Where there is no good faith belief in the validity.
Duty to Communicate
A lawyer must keep a client reasonably informed about stating of all matters and promptly comply with reasonable request for information.
Duty of Loyalty
A lawyer shall not Rep. a client if Representation of client will be materially limited by direct or adversely to another client, even in unrelated matters.
*Unless the lawyer reasonably believes that Rep. will not adversely effect the relationship with other client, and each client gives informed consent, preferably in writing.
Duties to Client
1) Confidentiality
2) Loyalty
3) Fiduciary responsibility
4) Competent and other common sense duties
Client Capacity
If a client’s capacity to make adequate considered decisions in connection with the representation is diminished because of mental impairment or some other reason, the lawyer must, as far as reasonably possible, maintain a normal lawyer-clint relationship with the client.
Duty to Others
1) Candor/ Truthfulness
2) Fairness
3) Dignity + other reasonable things
** “ Court Feels Differently” **
Duty of Due Diligence
A must act with reasonable diligence and promptness in representation of a client.
Duty to the Profession
A lawyer must act in a manner that presumes PUBLIC CONFIDENCE in the INTEGRITY and EFFICIENCY of the legal system and the legal profession.
