Litigation Ethics Flashcards
In an argument at the end of the trial you are aware of conflicting authorities. may you quote only what supports you?
The court assumes that you have read the applicable authorities and that you will disclose supporting and adverse authority. You should obviously emphasize what supports you
What should an attorneys do who finds his evidence is required in a civil trail in which she was due to appear for a party?
- it is inadvisable for an attorney who is acting in a matter to give evidence in case
- if this situation arises the attorney should withdraw and arrange for another attorney to act
- position may be different where attorneys evidence is to be given on formal and uncontentious matters
- if attorney evidence relates to the actual dispute between the parties he must withdraw
You are called upon by the press for an interview which you accept. During the interview searching questions are asked with regards to your clients affairs which you answer freely. Is your conduct acceptable?
- not acceptable
- interviews with media without clients consent is precluded due to general rule of confidentiality
- even with consent cannot publicise your practice by way of press interviews unless in clients interest or public interest
- confidence of a client is absolute and must be preserved by me as the attorney with certain exceptions for example the death of disability of my client or where information may be given to executors, administrators, trustees or curators
May an attorney interview a witness who has been subpoenaed by the other side in a civil case where he believes the witness is in possession of evidence relevant to his clients case? if this may be done what procedure to be followed?
Yes if he is believed to be in possession of relevant information to assist the attorneys client.
However the attorney should notify the practitioner representing the other client
On the other hand necessary to obtain his consent
