Kaplan Mod 8 Flashcards
Is it proper for an attorney to give advice to a client about a moral, social, or economic issue that comes up for the client?
Yes, but it must be given reasonably
What are examples of when a lawyer is serving as a third-party neutral?
Mediator, arbitrator, conciliator, or evaluator assisting parties that are either represented or unrepresented in the resolution of a dispute
When a lawyer serves as a third-party neutral, what is their role toward the parties?
They are not the attorney and they are not the judge, they are just helping to reach a resolution
What must a lawyer that is acting as a third-party neutral do at the outset of the proceedings?
He must inform unrepresented parties that he is not representing them, and if this isn’t easily understood, he must give more information including the difference between an attorney’s role and his role as well as the fact that there is no attorney client privilege
What is the charging duty for a prosecutor?
There must be a good faith basis that probable cause exists before a prosecutor can make a charge
What is a special duty that a prosecutor owes regarding pre-trial?
Brady Material - he must turn over what he has, even if it isn’t something he’s going to use. If it helps the defendant, then he must turn it over
If a prosecutor finds DNA from someone other than the defendant, what must he do with that DNA?
Turn it over to the defense
What is the very imp rule regarding the duty to remedy for prosecutors?
When a prosecutor knows of clear and convincing evidence that a defendant was convicted of an offence that he did not commit, the prosecutor must seek to remedy the conviction
If there’s something hard that you feel like you should say to the client, even though it would be difficult for them to hear, what do you do?
A client is entitled to straightforward honest advice, even if it involves unpleasant facts and alternatives that a client may not want to confront
Is it proper for a third-party neutral to give advice to a party about how to proceed with the case?
Yes as long as the third-party neutral warns that they are not representing the party
