Litigation and Other Forms of Advocay Flashcards
How can an attorney avoid improper influence?
A lawyer must not seek to influence a judge, juror, or other official by means prohibited by law.
What is the duty to Avoid frivolous claims?
Lawyers are prohibited from asserting or defending an action or issue in an action unless there is a basis in law and fact. A good faith argument for an extension, modification, or reverse of existing law is not frivolous.
Under the Model Rules, what does it mean for an attorney to avoid frivolous claims?
A claim brought to embarrass, delay or burden third persons in violation of the rules.
Under the CA RPC, what does it mean for an attorney to avoid frivolous claims?
A lawyer must not bring or continue an action, conduct a defense, assert a position in litigation, or take an appeal w/o pC for the purpose of harassing or maliciously injuring any person.
What is the duty of Candor to the tribunal?
It’s when a lawyer must not knowingly make a false statement of law or fact to the court. A lawyer is required to correct a false statement of law or fact previously made.
How can an attorney display a duty of fairness to opposing party/counsel?
A lawyer must not unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy or hide a document/material, or counsel/assist another person in doing so.
Client fraud and perjury by a client or witness?
A lawyer mustn’t falsity evidence and may not counsel a witness to testify falsely or assist a witness in testifying falsely.
Can a lawyer submit false evidence?
No, a lawyer is prohibited from knowingly offering false evidence and may refuse to submit evidence that she reasonably believes is false.
What must an attorney do upon learning of false evidence after offered?
taker reasonable remedial measures such as:
- urge the client to correct the false statement/evidence
- Withdraw from rep if possible
Under MR what must an attorney do upon learning of false evidence after offered?
If withdraw is not allowed, disclose the false evidence to the court, even it requires the lawyer to reveal otherwise protected confidential info.
Under CA rules, what must an attorney do upon learning of false evidence after offered?
If withdraw is not allowed, the lawyer may not disclose confidential info that is protect by the rules.
What must an attorney do if he knows a criminal defendant’s testimony is false?
Refuse to offer testimony if he reasonably believes but does not know the testimony is false. and he MUST
- urge the client to correct the false statement
- Withdraw
Under MR What must an attorney do if he knows a criminal defendant’s testimony is false?
Withdraw and if withdraw is denied disclose the false evidence to the court even if it requires the lawyer to reveal otherwise protected confidential info.
Un CA Rules What must an attorney do if he knows a criminal defendant’s testimony is false?
Withdraw, if withdraw is denied the lawyer can question the D until the point of the falsehood and then allow the d to testify through narrative w/o asking the D’s questions.
How must an attorney communicate with their clients?
A lawyer has a duty to regularly communicate with clients, which include informing them about their case and answering questions. A layer must communicate a settlement offer to client.
