Honesty

Question 1

Honesty

Answer 1

Attorneys have a duty of honesty in all circumstances, whether connected with the practice of law or not

Question 2

Honesty (CA)

Answer 2

Acts of dishonesty, corruption, or moral turpitude:
-The commission of any act involving moral turpitude, dishonesty, or corruption, whether the act is committed in the course of his relations as an attorney or otherwise, and whether the act is a felony or misdemeanor or not, constitutes a cause for disbarment or suspension.

*Note: no conviction required

Question 3

Candor to the Tribunal

Answer 3

• No false statement/omission of material fact
• Disclose controlling authority in jurisdiction
• Perjury: If L KNOWS C or W gave/will give false testimony, L shall
  
  1. counsel not to testify
  2. try to withdraw
  3. tell judge, if withdrawal will not undo effect of false info (But NOT in CA)

Question 4

Perjury (CA)

Answer 4

• Cannot tell judge
• Do nothing to further deception
• Do not question or assist - use narrative
• Omit references (as if stricken)

Question 5

Never Mislead a court or other Tribunal

Answer 5

• maintaining respect due the court
• counsel only just or legal actions
• prohibited objectives of employment
  
  • must have probable cause
  • no harassment
• may not advise violation of law
  
  • applies to prospective conduct of C
  • interaction between L and C
  • specific legal service sought by C from L
• prohibited contact with witnesses
  
  • cannot offer to pay for testimony
  • but can pay for experts
• contact with jurors
  
  • shall not directly communicate/influence

Question 6

Truth in Communication: represented persons

Answer 6

-no communication with represented persons unless with written consent of opposing counsel, or authorized by law, or under court order

Question 7

Truth in Communication: respect for third parties

Answer 7

• do not embarrass unnecessarily

- if receive document that was inadvertently sent, shall promptly notify sender

Question 8

Truth in Communication: unrepresented parties

Answer 8

• do not imply impartiality

- only advise to seek counsel

Question 9

Truth in Communication: statements to third person

Answer 9

-no false statements to third person

Question 10

Disclosure

Answer 10

No failure to disclose when disclosure necessary to avoid assisting criminal or fraudulent act by client (unless confidential)

Question 11

Honesty in Advertising

Answer 11

-Communication of services: shall not make false or misleading statements

• no referral fees
  
  • *CA: contra - referral fees are permitted
  • but cannot increase overall costs to C

-no real time electronic or live in-person solicitation for profit