litigation responsibilities Flashcards
trial publicity
restraints on public statements regarding adjudicative proceedings
Rules
1) no statement may be made by lawyer that a reasonable lawyer would expect to be disseminated if lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing the proceeding (examples: statements on character or reputation of criminal record; ID of witness or expected testimony; possibility of a guilty plea or existence of a confession or opinion as to guilty or innocence; info lawyer knows or reasonably should know will be inadmissible as evidence; and fact that D is charged with crime unless stating it merely as accusation and that D is presumed innocent)
2) lawyer may ordinarily state, without elaboration:
- dry facts about case
- warning of danger where there is reason to believe of a likelihood of substantial harm to a person or public interest
- in a criminal case, info necessary to aid in apprehension of accused
- right of reply: lawyer may make a statement to extent necessary to protect client from substantial prejudicial effect of recent publicity not initiated by lawyer or client (ie you don’t talk to press, but your opponent does and you think it wasi mproper)
non-meritorious claims and contentions
general rule: lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous
criminal proceedings: a lawyer for a D in criminal proceeding or respondent in a proceeding that could result in incarceration may defend proceeding as to require that every element of case be established (even if you know client is guilty)
