Litigation & Advocacy

Question 1

Frivolous

Answer 1

Cannot be supported by a
- A good faith argument under existing law
OR
- A good faith argument for changing law.

Question 2

Not Frivolous

Answer 2

• idk all the facts. assert a position w/o full substantiating all facts
• i need discovery. assert a position knowing vital evidence can be uncovered only through discovery proceeding
• may fail. Assert a position even if L believes that position will not ultimately prevail

Question 3

Duty to Expedite Litigation

Answer 3

Does not require L to take actions that would harm C’s interests
H/E realizing C will gain from delay is not a legit interest

Question 4

Duty of Candor

Answer 4

• Law
• Facts
• Evidene

Question 5

Duty of Candor - Law

Answer 5

L must not
- Knowingly make a false statement OR
- Fail to correct previously made false statement of material law
- Fail to disclose directly adverse law of controlling jur

Question 6

Duty of Candor - Facts

Answer 6

L must not
- knowingly make false statements of fact OR
- fail to correct previously made false statement of material fact
- fail to volunteer known material facts in ex parte proceedings

Question 7

Duty of Candor - Evidence

Answer 7

L must not knowingly offer false evidence
May refuse to offer evidence that L reasonably believes is false (EXCEPT criminal D’s testimony on his own behalf)

Question 8

L insists on lying

Answer 8

• Try to convince L not to lie
• Seek withdrawal (unless w/d’l won’t fix the issue)
• Make disclosure to court

Question 9

Proper Payments for Witnesses

Answer 9

• travel, meals, lodging expenses
• compensation for time lost from Ws job
• reasonable fees for expert W

Question 10

Securing Noncooperation of W

Answer 10

L can’t encourage W to hide or flee
H/E L may advise person not to volunteer info to the opposing party IF
— person is a client/relative/employee/agent
— L reasonably believes that person’s interests will not be harmed by not speaking

Question 11

Improper Ex Parte Comm’n

Answer 11

• Judge/Court Official:
  — oral comm’n on the merits of a matter w/o adequate notice to opposing party
  — written comm’n not timely sent to opposing party
• Juror/Prospective Juror: ANY comm’n on ANY subject before or during the trial

Question 12

Trial Publicity

Answer 12

L must not make out-of-court public statements that L should reasonably should know will have a subst’l likelihood of materially prejudicing the case.

H/E Right of Reply

Question 13

Trial Publicity - Right of Reply

Answer 13

Reply to Protect C. L may make a public statement IF
- a reasonable L would believe is req’d to protect C from substantial undue prejudicial effect of recent publicity
- not initiated by the L or L’s C

Question 14

Trial Publicity - Prosecutors

Answer 14

Prosecutor must not make extrajudicial comments that have a subst’l likelihood of heightening public condemnation of the accused

Question 15

Trial Publicity - Dry Facts

Answer 15

• any info already in public record
• what claim and defense are involved
• name of people involved
• scheduling of any step in litigation
• fact that investigation is ongoing
• warning of danger, if appropriate
• routine booking info about criminal D

Question 16

L as Witness

Answer 16

L must not act as advocate in trial in which L is likely to be a necc’y W UNLESS
- uncontested matter/mere formality
- testimony only re legal services rendered in case
- w/drawal would result in subst’l hardship
- another L in firm is likely to be called