Litigation and Advocacy Flashcards
A lawyer has a few duties to the legal system: What are the duties?
Expediate; avoid frivolous; candor to tribunal; fairness to opposing party and counsel; impartial;
What is a frivolous claim?
NO good faith argument; unless criminal case
Candor to the tribunal concerning law:
cannot KNOWINGLY make false statements of law
What if the lawyer accidentially makes false statement?
It must be knowningly.
A lawyer finds adverse controlling law. what do they do
disclose it.
T/F a lawyer must correct unintentional false statements
True
A lawyer believes the evidence reasonably false, what must the lawyer do?
they MAY refuse the evidence.
what if the lawyer KNOWS the evidence is false and doesn’t just suspect?
CANNOT OFFER THE EVIDENCE
cRIMINAL CASE: WHAT IF THE LAWYER KNOWS IT IS FALSE
MUST TRYA AND PURSUADE; CONSIDER WITHDRAWING; DISCLOSE TO JUDGE.
A lawyer talks with a judge without anyone else, ok?
no, must have oc present.
Public statements: rule
no public statements if the lawyer should know it is likely to cause prejudice
permitted public statements
just the facts; can make a statement that protects client from oc attack
what if the lawyer needs to be a witness in the case
laywer can’t be the lawyer in the case.
