MPRE 2 Flashcards
at trial, a lawyer must not
allude to any matter that is irrevelant or not supported by E
assert personal knowledge of fact in issue
state a personal opinion as to the justness of the cause, credibility of a witness, culpability of a civil litigant, por the guilt or innonce of an accuse
request a person other than a client to refrain from giving releveant info unless the person is a relative, employee, or agent of the CL and refraining would not adversely affect interests
if a lawyer is not connected to the case, can he speak to a juror?
not about the case
communication after discharge is prohibited if
local law or court prohibits
juror says fuck off
purpose is coercion
prosecutor must make timely disclosure that
negates guilt or mitigates offense er
lawyers can act as advocate at trial when they are a necessary witness only when
formality
legal fees testimony
withdrawl would be hardship
lawyer must disclose to thrid peron
when disclose is necessary to avoid assistning a criminal or fradulaent act by a client and if the disclosure is prohibited by the lawery;s duty of confidentialoity the lawyer must withdraw
no direct communication with a person repped by a lawyer, unless
party’s lawyer consents, or communicaiton doesnt concern the matter
Lawyer needs organization’s counsel’s permission to speak to
person with authority in organization
but no consent to speak to former employee
Lawyer may negotiate this with unrepped person
transation or settle dispute
must not give legal advice other than adbising the person to obtain counsel
must not appear to be disinterested
when thtat is not the case
lawyer who receives info by mistake
promptly notify the sender
lawyer is repsonsible for another lawyers violation of RPC if
lawyer orders or ratifies conduct
the lawyer has authority over the violating lawyer adn knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remidal action
subordinate lawyer not subject to discipline if
supervising lawyer told him to do it and
it was a reasonable resolution to an arguable question of professional duty
a lawyer msut not form a partnership with a nonlawyer
if any of the activites of the partnership consist of the practice of law
fee splitting with nonlawyers is
prohibited
exception to fee splitting
death benefits
disabled lawyer
reitrment plan
court awarded fees with nonprofit
agreements cannopt restrict right to practice unless
retirement benefit agrement
also cannot restrict lawyers right to practice in a
settlmeent agreemtn
can serve as director in the reform of law organization
even if affacts interests of client, but only this org
if going to materially benefit client, lawyer must disclose that the org
advertisments must not include
false or misleading sttemtn
statemtne that create unjustified expectations
unsubstatntiated comparisions }(im as a good as x for half the price
permitted advertisemtns
eductional background foreign lang ability priciing and fee informaiton ememebrships in bar assoicatons name of regular client
solicitation is
targeted communcation initiated by lawyer for the purpose of obtaining legal services
lawyer must not solict professional employment from a prospective client by
in person, telephone, or real time contact when motive is monetary gain
can solict by
exceptions to ban on soliciting
offering free
close friends and relatives
present former clients
other lawyers
mail must
be labeled as advertisement
jirusdiction may restruct
field of practice
can state practice in a field
specialist
must not state that specificalist in feilf of alw unless certified organization approved by the state bar
referral arrangement rules
must not be exlcusive
each referred client must be told about the arrangement
arrangment must not interefer with lawy’er professinoal judgment
must not be indefinite duration
judges are judges 24 hours a day. must avoi d
appearnace of impropriety
judges cannot create the reasonable perception that the judge has violated the CJC or otherwise reflects adversely on the judges honesty, impartiality, temperment, or fitness
judges may write a letter of rec
based on personal knowledge on offical letterhead if
perosnal, and there is not likelhood that it is exert pressure
judge exparte communication is only allowed when
expressly authorized by law
mediation or settlment w consent of parties
emergencies
judeges cannot
indepently investigate gacts of case
consulting with other judges is
permitted byt judge must avoid recieving factual information and must ultimatly decide the matter independtly
if consulting with disinterested expert, parties must
recieve advance notice of the expert’s idnetity
notice of advce to be solicited and
reasonable opportunity to object
jduge msut disqualify if
impartialoity might be reoasbly quesitoned
judge should disclose on record
any information that would be relevant to disqualification even if the judge beleives it is not reaosnable
judge must disqualify if economic interests, and also if
spouse partner child or any family is related
parties can WAIVE all grounds for disqaulfication ecept
jjudege personal bias
judge cannot be fidicuary unless
its for family and doesnt interfere with duties
judge can do stuff in business for family but not anyone else
teaching and writing articles for judges is
permitted
judge must not testify as character witness except by
subpoena
cannot belong to
dscriination organization
cannot use the
facilities
judge is allowed to be member of
religious organization or italian american org
judges must not accept gift when
acceptabce would appear to undermine impartiality
duty to report gifts when
invitations to attend events witout charge
gifts loand or antyhg of value from person whose interests have come before the judge
no duty to report when
de mimimus gifts like certificaties, social hosptiality, scholarships, discounts, prizes availbale to anyone
full time judge must not practice law except
pro se
legal advice and document drafting
reporting misconduct - if judge knows another judge fucked up,,
must report
if judge learns there is substantial liklehood of misconduct by another judge or lawyer, must
take appropriate action
must not make
promises or comittements that are inconsistent with imprarital performance
must not publicly endorse or oppose
a candidate for public office
may repsond to
false or misleading statments issued by the oppoenent or the media with factually accurate reponse
candidates must not
perosnally solicty or accept campaign contributions but can raise funds through campaign committeee.
