Litigation and other forms of advocacy

Question 1

What are the 3 things a lawyer cannot kinowingly do in front of a tribunnal?

Answer 1

1. Make a false statement of fact or law
2. Fail to disclose** controlling** and adverse authority not disclosed by opposing counsel
3. Offer evidence known to be false

Question 2

If a tribunal makes a mistake of fact that benefits a lawyers client that the lawyer did not cause, does the lawyer have to correct that mistake?

Answer 2

No, a Lawyer only has to correct thier own representations of fact, not the conclusions of the court.

Question 3

When does the obligation of candor to a tribunal end?

Answer 3

When there has been a final appeal or when the period to appeal has passed.

Question 4

If a lawyer merely suspects and does not know if a witness is testifying falsely, do they have an obligation to correct that witness to the tribunal?

Answer 4

No, a lawyer must know that the witness is testifying falsly

Question 5

What should a lawyer do if you your client has ALREADY offered false evidence?

Answer 5

1. Exlplain to the clients the laywer’s duty to the tribnunal and seek thier cooperation
2. Correct false statements/evidence OR withdraw if this corrects the issue
3. Reveal situation to the Judge

Question 6

What should a lawyer do if your client wants to offer false evidence in a civil case?

Answer 6

1. Seek to persuade client against this
2. Refuse to offer evidence
3. If only a portion of the evidence is false, then call client to testify and do not ask about the false part

Remember, a Cleint does not have the right to testify in a civil case!

Question 7

What should a lawyer do if your cleint wants to offer false evidence in a CRIMINAL case?

Answer 7

1. Seek to persuade client against this
2. Consider Withdrawal, if this fixes the problem (Likley won’t)
3. Reveal the situation to the Judge

Remember, a client has a contstitutional right to testify!

Question 8

Can a lawyer act as an advocate and a necessary witness in a trial?

Answer 8

Generally, it should be avoided. a Lawyer should not act as an advocate wehre they are LIKELY to act as a witness.
UNLESS:
1. you are testifying to an uncontested issue
2. the nature of your legal services
3. disqualification of the lawyer would pose a substantial hardship upon the client

Question 9

What are the 3 exeptions to the general bar on a lawyer servingh as both an advocate and neccesary witness at a trial?

Answer 9

1. you are testifying to an uncontested issue
2. the nature of your legal services
3. disqualification of the lawyer would pose a substantial hardship upon the client

Question 10

If another lawyer from your law firm is called as a witness, can you be an advocate in that case?

Answer 10

Yes, unless you are precluded from doing so by conflict of interest rules.