Litigation

Question 1

Duty to prevent frivoulous claims or defenses

Answer 1

yes

Question 2

Frivolous claims

Answer 2

an action is frivoulous if the lawyer is unable to

1. make a good faith arguement under existing law
2. make a good faith arguement to change the law

Question 3

What aren’t automatically frivolous claims

Answer 3

1. claims where the facts aren’t yet fully substantiated, but could be.
2. claims where evidence will only be uncovered through discovery (you can file a claim based on the fact you’ll find evidence in discovery)
3. Lawyer believes the client won’t prevail
4. pleading not guilty in a criminal case with a guilty client.

Question 4

Duty to expedite cases

Answer 4

yes

Question 5

Duty of candor

Answer 5

A lawyer shall not knowingly make a false statement of material fact or law to a tribunal or fail to correct a false statement of material fact or law

1. Don’t make false statements of material fact or law
2. failure to disclose controlling adverse authority
3. Don’t offer false evidence
4. Don’t let your client commit crimes or frauds against their criminal proceeding. Tell them to stop and if they won’t tell the tribunal
5. You have a duty to disclose all facts, even adverse ones in an ex parte proceeding

Question 6

Fairness to opposing counsel

Answer 6

A lawyer shall not

1. unlawfully obstruct another party’s access to evidence, or destroy/alter/ conceal evidence or tell your client to do so
2. falsify evidence or assist in perjury.
3. Violate court rule or order
4. make frivolous discovery requests or fail to make a reasonably diligent effort to comply with a legally proper discovery request.
5. notify opposing counsel of inadvertantly delivered documents
6. not partake in chicancery
7. request noncooperation of a witness, unless they are a relative, employee, or agent of the client or the lawyer reasonably believes that the persons interests will not be adversly effected by refusing to cooperate
8. induce a witness with offers prohibited by law

Question 7

Paying witnesses

Answer 7

1. A lawyer may pay non expert witnesses the statutory fee and reasonable expenses permitted by the jurisdiction incurred for testifying
2. expert witnesses may be paid the reasonable rate but not be contigent on the outcome.

Question 8

Chicancery

Answer 8

1. refer to irrelevant or inadmissable material at trial
2. assert personal knowledge of contested facts
3. State a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant, or the guilt or innocence of the accused.

Question 9

impartiality and decorum to the tribunal

Answer 9

a lawyer shall not

1. seek to influence by means prohibited by law
2. communicate ex parte without authorization
3. communicate with a juror or prospective juror after discharge if the communication is prohibited by court order, the juror has made it known they don’t want to communicate, or communication involves misrepresentation, coercion, duress, or harassment.
4. engage in conduct intended to disrupt the tribunal