Litigation Responsibilities Flashcards
What is the rule re: public prejudicial statements?
No statement may be made by a lawyer that reasonably knows would expect to be disseminated if the lawyer knows OR reasonably should know it will have a substantial likelihood of materially prejudicing a proceeding.
Examples:
- Character, reputation or criminal record of a party
- Identification of witness or expected testimony
- Possibility of a guilty plea, existence of a confession, and opinion as to guilt or innocence of defendant or suspect
- Information lawyer knows or reasonably should know will be inadmissible as evidence
- Fact that defendant is charged with crime unless stating it merely as an accusation and that the defendant is presumed innocent
What categories of public statements can a lawyer usually make?
1) Dry Facts about the case
2) A warning of danger where there is a reason to believe of a likelihood of substantial harm to a person or the public interest
3) In a criminal case, information necessary to aid in apprehension of the accused
4) Right of reply: A lawyer may make a statement to the extent necessary to protect a client from substantial prejudicial effect of recent publicity not initiated by the lawyer of client.
What is the rule re: bringing non-meritorious claims and contentions?
RULE = a 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
Re: criminal proceedings –a lawyer for the ∆ in a proceeding that could result in incarceration MAY nevertheless defend the proceeding as to require that EVERY element of the case be established (e.g., even if known to be guilty, a lawyer argue not guilty by having prosecution prove case, but the lawyer can not put forth a frivolous alibi)
