Miscellaneous Flashcards
What must every law office have visibly posted?
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 attorney have in a law firm/organization?
The supervising lawyer or managing lawyer must abide by these Rules and make sure that all lawyers and nonlawyers 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 nonlawyers
When is ex parte communication with 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:
1. Prohibited by court order 2. Juror does not want to talk 3. Purpose is to harass juror
When is ex parte communication with a judge allowed?
Can’t communicate with a judge ex parte other than de minimis OR in an official settlement conference
When is ex parte communication with a represented 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's attorney consents;OR 2) Communication is authorized by law;
When is ex parte communication with an unrepresented party allowed?
NOT prohibited, but a lawyer should proceed with 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 unrepresented 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. OR if the witness has counsel, talk to the witness’s 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 requirements for a practicing attorney?
Should aim to provide 50 hours a year.
And contribute financially to organizations that provide such services.
What other miscellaneous 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 professional responsibility 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.”
