Misc. PR issues Flashcards
What must every law office have visibly posted?
Posting w/ clients rights
Every attorney with an office located in the state of New York shall insure that there is posted in that office, in a manner visible to clients of the attorney, a statement of client’s rights
What duty does a law firm have?
A law firms shall make reasonable efforts to ensure that lawyers in the firm conform to the Rules
What responsibility does a supervising atty have in a law firm/organization?
The supervising lawyer or managing lawyer must abide by these Rules and make sure that all lawyers and non-lawyers acting at their direction do the same
Managing lawyers can be held responsible for the conduct of subordinates if they knew of the wrongful conduct and did not report it or if they told the subordinate to perform the wrongful act
What responsibility does a subordinate lawyer have in a firm/organization?
The subordinate lawyer must follow the rules EVEN IF acting at another’s direction
It is NO violation if you follow supervisor’s instructions on an arguable question of profession duty
What responsibility does a non-lawyer employee have in a firm/organization?
Non-lawyer employees must make sure that their work is adequately supervised.
A lawyer can be held responsible for acts for non-lawyers
When is ex parte commn w/ a jury member allowed?
During trial, NEVER!
NO ex parte communications with jury on any issue until after the trial
You can talk AFTER the trial UNLESS:
- Prohibited by court order
- Juror does not want to talk
- Purpose is to harass juror
When is ex parte commn w/ a judge allowed?
Can’t communicate with a judge ex parte other than de minimis OR in a settlement conference
When is ex parte commn w/ a rep’d party allowed?
A lawyer shall not communicate or cause another to communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matters UNLESS:
1) Other party consents;OR
2) Communication is authorized by law
When is ex parte commn w/ a UNrep’d party allowed?
NOT prohibited, but a lawyer should proceed w/ caution. In communicating on behalf of a client with a person OR party who is NOT represented by counsel, a lawyer SHALL NOT state or imply that the lawyer is DISINTERESTED
If the unrep’d person MISUNDERSTANDS the lawyer’s role in the matter, the lawyer SHALL make reasonable effors to correct the misunderstanding
The lawyer SHALL NOT give legal advice to an unrep’d party, other than advice to obtain counsel
When can a lawyer speak with a witness in a case?
Generally no limitations on talking to a witness for an adverse party.
UNLESS it’s a high-level corporate official or a corporate employee whose liability can be imputed to a corporation. Then you need to talk to corporate counsel
What is a lawyer’s duty re: disclosing adverse legal authority?
A lawyer has an affirmative duty to disclose CONTROLLING LEGAL AUTHORITY known to the lawyer to be directly adverse to the position of client. Duty does not extend to facts.
Must discuss only CONTROLLING LEGAL AUTHORITY. Not persuasive.
Don’t have to explain. But should distinguish.
NOTE re ex parte proceedings: A lawyer shall inform the tribunal of all material facts known to the lawyer that will allow the tribunal to make an informed decisions, whether or not the facts are adverse to the client
What special duties does a prosecutor have?
1) Proceed only on probable cause
2) Must disclose in a timely manner evidence tending to negate the guilt of the accused or which could mitigate the degree of the offense or reduce the punishment
What are the pro bono reqs for a practicing atty?
Should provide 50 hours a year.
And contribute financially to organizations that provide such services.
What other misc. duties does a lawyer have?
1) A lawyer must uphold the integrity of the profession and its members by not making unfair or derogatory remarks, and not giving or lending any items of value to a judge or other public official except as permitted by the Code of Judicial Conduct
2) Every attorney shall file a registration statement every two years when admitted to the NY Bar.
This Registration Statement is a public record on submission of a written request and fee
Essay prompts for PR issues:
CIVIL matter: “A lawyer must represent his client ZEALOUSLY within the bounds of the law and make only meritorious claims and contentions”
CRIMINAL matter: ABOVE + “A lawyer can defend in order to require every element of the case be established even if the lawyer knows the guilt.”
