gov employees; lawyers as witness; reporting professional conduct

Question 1

what does 1.11 a-c deal with

Answer 1

former govenrment employees in private practice

Question 2

when does a FORMER gov employee have a conflict under 1.11(a) when there is a conflcit can they still rep?

Answer 2

if she participated “personally and
substantially” in the “matter” while in gov service

can still rep if gov provides informed consent, confirmed in writing

Question 3

what is a matter

Answer 3

discrete set of transactions involving specific parties, narrower than
“representation.” See 1.11 (e)

Question 4

is Working on drafting a specific piece of legislation for Congress a matter

Answer 4

no

Question 5

what does it mean to be personally and substantially invoved

Answer 5

its more than just signing off on somehting or being tangetially invovled – you need to really be elbow deep in the matter

Question 6

draw the 1.11(a) flow chart

Answer 6

check

Question 7

when is a 1.11(a) conflict of a former government employe imputed via 1.11(b)? can they be cleared

Answer 7

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

Question 8

what does 1.11c say about a gov employee getting confiendtial government info about someone

Answer 8

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

Question 9

what exacty is 1.11c confiendtial government info

Answer 9

info gained w gov authority and that is not
available to the public

Question 10

is a 1.11 c conflict via confidential governmental info imputed?

Answer 10

yes but it can be cleared via timely screen and atty receives no fees from the rep

Question 11

what does 1.11d deal with

Answer 11

former private practice attys in the gov

Question 12

what rules apply to 1.11(d) as usual

Answer 12

1.7 and 1.9

Question 13

what does 1.11d prohibit

Answer 13

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)

Question 14

what is the 1.11d provision for negotiating for private employment

whats the excpetion

Answer 14

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

Question 15

what other rule is 1.11a subject to

Answer 15

1.9(c)

Question 16

what does 3.5 IMPARTIALITY & DECORUM OF THE TRIBUNAL say

Answer 16

atty cant

Influence judge or (prospective) jurors

Communicate with judge ex parte

Communicate with jurors ex parte

disrupt the tribunal

Question 17

the lawyer gen cant communcate with jurors ex parte – how does this change if the atty is/isnt invovled in the case

Answer 17

if the atty is – cant say anything to juror until after trial

if the atty is not – cant talk about the case

Question 18

when cant a lawyer talk with a juror aftr the completion of trial

Answer 18

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

Question 19

what does 3.6 trial publicity say

Answer 19

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

Question 20

what is the exception to the 3.6 trial publicity rule

Answer 20

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

Question 21

3.7 lawyer as witness

Answer 21

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

Question 22

8.3 reporting professional conduct

when MUST the atty report other attorney’s violations of MR

Answer 22

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

Question 23

what else does 8.3 reporting incldue

Answer 23

rule also applies ot reporting judges miscodmuct

Question 24

what is an exception to 8.3 reporting

Answer 24

info proteced under 1.6

info gained while particpating in an approved lawyers assited program