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 interester have 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.
