Litigation & Other Forms of Advocacy Flashcards
what is not a legitimate interest to delay a trial
financial or other benefit
what is failure to disclose controlling authority
have to disclose to the court a legal authority in the controlling jurisdiction that is directly adverse to the client’s position if opposing counsel hasn’t found it
what if you think evidence is false
MAY refuse to offer evidence that you believe is false except for criminal ∆’s testimony
what do you do if you find out during trial that you offered false evidence
reasonable remedial measures
1. consult with client, tell him to fix it
2. if he won’t and it causes a rift, consider withdrawing
3. if withdrawal isn’t permitted/won’t fix the problem, MUST tell the judge
what if you know in a civil matter that client has testified falsely / is going to testify falsely
reasonable remedial measures
what if criminal defendant is going to testify falsely
- convince ∆ not to
- consider withdrawal if that’ll fix it
- tell the judge
rule about opponent’s access to evidence
can’t unlawfully alter, destroy or conceal evidence having evidentiary value, can’t tell anyone else to either
when can you tell someone not to talk to opposing side
if they are the client or the client’s relative, agent, employee
lawyer reasonably believes the persons’ interest will not be harmed by not volunteering the info
what’s the general rule for trial publicity
no statements that lawyer knows would have a substantial likelihood of materially prejudicing the case (dry facts fine)
what is right of reply
can make a statement that a reasonable lawyer believes is required to protect a client from the substantial undue prejudice of recent publicity not initiated by the lawyer
when can lawyer be a witness
uncontested matter/ mere formality
testimony about legal services rendered
substantial hardship on client
other lawyers in firm can be witnesses
