Interaction with others (third parties)? Flashcards
A lawyers owes what duty to a represented third party?
A lawyer may NOT communicate about the matter with a represented party in the matter, UNLESS the third parties counsel consented and lawyer does not intend to embarass, delay or buden the third party; OR is legally authorized to communicate.
A lawyer owes what duty to a unrepresented third party?
A lawyer may communicate with a third party ONLY if lawyer DOES NOT imply impartiality, explains role if necessary, and DOES NOT give advice other than to get counsel if lawyer knows clients interest has a reasonable chance of being adverse to third party.
What duty does lawyer owe to witnesses?
A lawyer MUST NOT bribe a witness.
A lawyer MAY pay;
1. reasonable expenses,
2. reasonable lost wages,
3. reasonable expert witness fees, BUT… these compensations CANNOT be contingent on content of testimony.
What can a lawyer communicate to the media?
A lawyer may state to the media regarding:
1. charges and defenses
2. that investigation exists
3. schedule for trial
4. ask for help
5. warn for public danger
What limitations are there for statements to the media?
A lawyer may not make media statement if there “is a substantial likelihood it will result in material prejudice”
What duty does lawyer have when interacting with co-workers?
A lawyer may be VICARIOUSLY RESPONSIBLE for co-workers actions, pending the relationship.
scenario 1 = Supervisor
Scenario 2 = Subordinate Lawyer
Scenario 3 = Non-Lawyer
When is a supervisor vicarioiusly responsible for another lawyer?
Under ABA/CA rules, a supervisor is vicariously responsibile for another lawyer when:
1) Supervisor orders misconduct,
2) Ratifies misconduct (approve after finding subordinate’s misconduct), or
3) Failing to remedy misconduct he is aware of (prevent, stop, dissuade)
When is a Subordinate lawyer protected for misconduct?
A subordinate lawyer is not protected from discipline, UNLESS following supervisor’s directions that were a reasonable resolution of an ARGUABLE QUESTION of PR Ethics.
However, if supervisor is patently wrong, there is no protection
When is a lawyer vicariously responsible for non-lawyer misconduct?
A lawyer having DIRECT SUPERVISORY authortiy over a non-lawyer must make reasonable effort to ensure that the persons conduct is compatible with the profesional obligations of the lawyer.
