gov employees; lawyers as witness; reporting professional conduct Flashcards
what does 1.11 a-c deal with
former govenrment employees in private practice
when does a FORMER gov employee have a conflict under 1.11(a) when there is a conflcit can they still rep?
if she participated “personally and
substantially” in the “matter” while in gov service
can still rep if gov provides informed consent, confirmed in writing
what is a matter
discrete set of transactions involving specific parties, narrower than
“representation.” See 1.11 (e)
is Working on drafting a specific piece of legislation for Congress a matter
no
what does it mean to be personally and substantially invoved
its more than just signing off on somehting or being tangetially invovled – you need to really be elbow deep in the matter
draw the 1.11(a) flow chart
check
when is a 1.11(a) conflict of a former government employe imputed via 1.11(b)? can they be cleared
they will alwways be imputed but can be cleared via
timely screened from the case,
* L does not share fees
* written notice is promptly given to the gov
what does 1.11c say about a gov employee getting confiendtial government info about someone
they cant later
represent a private client whose interests are adverse to that person, when the info could
be used to the material disadvantage of that person.
the gov atty must have actually recived the info
what exacty is 1.11c confiendtial government info
info gained w gov authority and that is not
available to the public
is a 1.11 c conflict via confidential governmental info imputed?
yes but it can be cleared via timely screen and atty receives no fees from the rep
what does 1.11d deal with
former private practice attys in the gov
what rules apply to 1.11(d) as usual
1.7 and 1.9
what does 1.11d prohibit
If L worked “personally and substantially” on a “matter” while private practice ,the L cannot work on the SAME matter while in gov (regardless of adversity to former client) w/o IC from gov (1.11)
what is the 1.11d provision for negotiating for private employment
whats the excpetion
If working personally and substantially on a matter, must not negotiate for private
employment with other parties in the matter.
Exception for judicial law clerks
what other rule is 1.11a subject to
1.9(c)
what does 3.5 IMPARTIALITY & DECORUM OF THE TRIBUNAL say
atty cant
Influence judge or (prospective) jurors
Communicate with judge ex parte
Communicate with jurors ex parte
disrupt the tribunal
the lawyer gen cant communcate with jurors ex parte – how does this change if the atty is/isnt invovled in the case
if the atty is – cant say anything to juror until after trial
if the atty is not – cant talk about the case
when cant a lawyer talk with a juror aftr the completion of trial
if the 3.5 c requirments are met
if the court order prohibits it
if the juror made clear they dont want to communicate or
it involves misrep, coercion , duress, or harassment
what does 3.6 trial publicity say
Attorney who is or was involved in a case, cannot make extrajudicial statements
that (1) A knows will be publicly disseminated and (2) will have a substantial likelihood of
prejudicing the case
what is the exception to the 3.6 trial publicity rule
dry facts and matters of public record
can also make statements otherwise prohibited under 3.6 if made to protect a client from other prejudicial statements
3.7 lawyer as witness
atty cant act as advocate and necessary witness unless testimony is in relation to an uncontested issue or relates to the value of the servies provided
8.3 reporting professional conduct
when MUST the atty report other attorney’s violations of MR
atty KNOWS that another attorney has violated MR AND
The violation raises a substantial question as to the attorney’s honesty,
trustworthiness, or fitness and a lawyer
what else does 8.3 reporting incldue
rule also applies ot reporting judges miscodmuct
what is an exception to 8.3 reporting
info proteced under 1.6
info gained while particpating in an approved lawyers assited program
