Litigation and Other Forms of Advocacy Flashcards
A lawyer ______________ another party’s access to ________ or ________ or _________________ to do any such act.
A lawyer must not obstruct another party’s access to evidence or counsel or assist another person to do any such act.
A lawyer generally __________________ to inform an opposing party of __________.
However, a lawyer _______________ opposing _________ of a ___________ in the _________________ after the lawyer has learned of that fact.
A lawyer generally has no affirmative duty to inform an opposing party of relevant facts.
However, a lawyer has a duty to inform opposing counsel of a client’s death in the first communication after the lawyer has learned of that fact.
A lawyer generally _________ request that a person other than a client _______ from ________________________ to _____________.
However, this _________ be done for a person who is ________________________________ if the lawyer ___________________ that ____________ interests _________________________ by _________________ such ______________.
A lawyer generally must not request that a person other than a client refrain from voluntarily giving relevant information to another party.
However, this may be done for a person who is an employee or other agent of the client if the lawyer reasonably believes that that person’s interests will not be adversely affected by refraining from giving such information.
A lawyer ____ disclose to the tribunal ____________ in the controlling jurisdiction ________ to the lawyer to be __________________ to ________________ and that ____________ by ________________.
A lawyer must disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the client’s position and that was not disclosed by opposing counsel.
While a lawyer _____ generally have a _______________ an opposing party of _______________, the lawyer must not _______________.
Under generally accepted conventions in __________, certain types of statements, such as _________________________, are not generally taken as statements of _______________.
While a lawyer does not generally have a duty to inform an opposing party of relevant facts, the lawyer must not misrepresent facts.
Under generally accepted conventions in negotiation, certain types of statements, such as the existence of an undisclosed principal, are not generally taken as statements of material fact.
A lawyer generally ________ request that ____________________ refrain from voluntarily giving relevant information to ____________.
However, there is an exception to this rule for ______________.
A lawyer generally must not request that a person other than a client refrain from voluntarily giving relevant information to another party.
However, there is an exception to this rule for relatives of the clients.
A lawyer has an affirmative duty to take _________________________ if the lawyer knows that his client has offered false material evidence or has engaged in criminal or fraudulent conduct related to an adjudicative proceeding.
The duty to rectify false evidence, however, continues ______________________________, which means that a final judgment has been affirmed on appeal or the time for appeal has expired.
A lawyer has an affirmative duty to take reasonable remedial measures if the lawyer knows that his client has offered false material evidence or has engaged in criminal or fraudulent conduct related to an adjudicative proceeding.
The duty to rectify false evidence, however, continues only until the end of the proceedings, which means that a final judgment has been affirmed on appeal or the time for appeal has expired.
During a proceeding, a lawyer _______ communicate ex parte with a person who serves in an official capacity.
A __________________________ of a judicial official or clerk, such as a communication dealing with the scheduling of a hearing, is ____________.
A communication made to a judicial official or clerk for the purpose of having a matter assigned to a particular judge is _________.
During a proceeding, a lawyer must not communicate ex parte with a person who serves in an official capacity.
A routine and customary request of a judicial official or clerk, such as a communication dealing with the scheduling of a hearing, is not prohibited.
A communication made to a judicial official or clerk for the purpose of having a matter assigned to a particular judge is prohibited.
A lawyer is prohibited from _________________________ with a juror during the trial, even when ________________ is ________ to the trial.
The rules _____ require a lawyer to report such inappropriate contacts.
A lawyer is prohibited from any out-of-court communication with a juror during the trial, even when the communication is unrelated to the trial.
The rules do not require a lawyer to report such inappropriate contacts.
A lawyer’s evaluation _____ be limited in scope for some reason, so long as ___________________ are ________ in the report.
A lawyer’s evaluation may be limited in scope for some reason, so long as any material limitations are disclosed in the report.
A lawyer who serves as a third-party neutral in a matter ______ thereafter serve as a lawyer representing a client in _______________, unless ________ give their _______, _____________.
A lawyer who serves as a third-party neutral in a matter must not thereafter serve as a lawyer representing a client in the same matter, unless all parties give their informed, written consent.
