new pr Flashcards
Trial Counsel as Witness
A lawyer must not act as an advocate at a trial in which the lawyer is also a necessary witness except in the following circumstances:
1) will cause substantial hardship to the client if he didn’t
2) about the nature and value of the services
3) on an uncontested issue
CA
1) on an uncontested issue
2) nature and value of legal counsels rendered
3) no hardship but Client’s informed WRITTEN consent
Chicanery at trial
ABA: During a trial, a lawyer must not
1) assert their personal knowledge about a fact
2) refer to an inadmissible evidence
3) personal opinion about the justness, culpability of a person in a civil or criminal case
CA:
1) no personal knowledge about a fact
2) may refer to inadmissible material
3) only cannot comment on the culpability of a criminal defendant
ok in civil
Communication with an unrepresented person while representing a client on a matter
may directly communicate but inform them
ABA:
1) let them know you are not disinterested
2) if misunderstanding of your role, correct it
3) do not give advice
CA:
also
may not seek confidential material/info
Receipt of mistaken doc
ABA- notify them promptly if material relating to representation of the laawyer’s client
CA- only if it they know or reason to know that it is confidential or work product doctrine material, notify them promptly
do not read more than necessary
ask them how to dispose it
Solicitation- in person
ABA+CA: who has a need for that service:
no live in person solicitation for pecuniary gain
but diff def of inperson
Personal contacts for solicitation is allowed for (exceptions)
1) other lawyer who appear to need the service
2) close personal or prior professional relationships
3) who routinely uses for business purposes the type of service offered by the lawyer
CA:
not those who routinely uses the type of legal services for business purpose
Other solicitation- written or recorded
ABA- generally ok to send to ppl with specific problems
CA- must say Advertisement unless
1. apparent
2. another lawyer
Prepaid or group legal service plans
lawyer may participate in a group legal service plan that uses personal contact if no known needs for a particular matter
and lawyer must not own that service
bar admission
1) provide false info
2) not correcting false info
3) failure to respond/provide necessary material
CA- no reckless dsiregard to truth also
but its ok to fail to respond
law related services = ABA
RPC applies if
1) practically not distinct from their legal service
2) provided by an entity controlled by the lawyer unless lawyer ensures that recipient knows that hte service is not legal service
Political contribution for employment
only prohibited by ABA
professional misconduct
ABA- knows that raises a substantial question to
truthworthiness, honesty, fitness as a lawyer to an authority
CA- credible evidence that
1) crime in CA
2) misppropriation, misrepresentation, fraud, deceit or recklesness,
that raises a substantial q to …
