Pg 24

Question 1

If a prosecutor knows of credible evidence that creates a reasonable likelihood that defendant didn’t commit the offence he is convicted of, what must the prosecution do?

Answer 1

Promptly disclose that evidence to the court, promptly disclose it to the defendant, and undertake further investigation

Question 2

If a prosecutor has clear or convincing evidence that a defendant was convicted of an offence he didn’t commit, what must the prosecutor do?

Answer 2

He must seek to remedy the conviction

Question 3

What are the duties of a criminal defence attorney?

Answer 3

To advocate in good faith

Question 4

What is required from a firm for supervision of its attorneys?

Answer 4

There must be a supervisor that makes reasonable efforts to ensure the firm has measures in place to give reasonable assurance that all attorneys comply with the model rules

Question 5

Is it proper for a law firm to have the philosophy that the only way for new attorneys to learn is to make lots of mistakes?

Answer 5

No, that is a breach of the supervisation of attorneys rule

Question 6

When is an attorney responsible for another attorney’s violation of the rules?

Answer 6

If that attorney ordered or ratified the misconduct, if the attorney that acted wrongfully told the other attorney he was going to do the wrong and the first attorney either instructed him to go ahead or did nothing to stop it, if the attorney had supervisory authority and knew of the conduct at a time when consequences could’ve been avoided or mitigated but failed to take remedial reasonable action

Question 7

Who has supervisory authority under the model rules?

Answer 7

Partners, managers, supervising attorneys

Question 8

Other attorneys are only liable for fellow attorney’s misconduct if what?

Answer 8

They knew about it and ratified it, or knew about it and didn’t take action

Question 9

Can a subordinate attorney escape liability for his misconduct by saying he was just following orders?

Answer 9

No, because he is still bound by the rules even if he’s acting at the direction of another. But he must know that the action is wrong

Question 10

If it isn’t clear that an ethical violation exists, what should a subordinate attorney do?

Answer 10

Defer to the judgement of his supervising attorney if that person is giving a reasonable resolution for an arguable question of professional duty

Question 11

What is the duty of attorneys to instruct non-attorney employees about the ethical aspects of their employment?

Answer 11

They are responsible for the conduct of non-attorney assistants that would constitute a violation of the rules if they were committed by the attorney. The same is true if the attorney ordered the action or ratified it, or knew of it and didn’t take reasonable remedial measures

Question 12

If an attorney adequately supervised a non-attorney employee, and that employee violated a model rule, is the attorney responsible?

Answer 12

No, the only time there is a violation is if there was a failure to supervise the employee

Question 13

If an attorney’s secretary finds a damning piece of evidence and tells the attorney she wants to destroy it, and the attorney agrees, what happens?

Answer 13

The attorney is subject to discipline because he ratified her behavior, or didn’t try to stop it

Question 14

If a supervising attorney tells a subordinate to do something he knows is a violation, and he says he’s making a judgement call on it, should the subordinate defer to him?

Answer 14

No, because there is no defence for the guidance of a supervisory attorney unless it is an arguable question and the subordinate acts under the supervisor’s reasonable resolution of the matter. If the subordinate knew it was a violation then both he and the attorney would be subject to discipline

Question 15

What is involved in the duty to preserve the impartiality and decorum of the tribunal?

Answer 15

An attorney cannot:

• try to influence a judge, juror, prospective juror, or other official by any means prohibited by law
• communicate ex parte with such a person during the proceedings unless authorized by the court or law
• engage in conduct intended to disrupt a tribunal
• communicate with a juror or prospective juror after discharging the jury if:
• prohibited by law or a court order
• the juror has made known to the attorney that he doesn’t want to communicate, or
• the communication involves misrepresentation, coercion, duress, or harassment

Question 16

What is the expectation for decorum for an attorney when speaking on behalf of litigant?

Answer 16

He cannot act abusively or obstreperously

Question 17

If an attorney is being abused by a judge, what can he do?

Answer 17

He can stand firm against the abuse, but he shouldn’t reciprocate it

Question 18

Attorneys have a duty to refrain from disruptive conduct, and this applies to what kinds of proceedings?

Answer 18

Any preceding of a tribunal, including depositions

Question 19

Is an attorney permitted to look up a juror on social media?

Answer 19

Yes, but he cannot connect with the juror or communicate with him

Question 20

What are some reasons that an attorney would be permitted to talk to a juror once a case was finished?

Answer 20

To improve his skills, find out what he did that was good and bad, find out if any improper influences intruded on jury deliberation

Question 21

Duties regarding speaking with jurors stay in effect until when?

Answer 21

The time expires to file a motion for new trial

Question 22

What is the rule about attorneys communicating ex parte with jurors?

Answer 22

Attorneys cannot communicate ex parte with a juror during a proceeding about anything

Question 23

If an attorney gets in an elevator with a juror during a proceeding, and talks about what they will eat for lunch, is that permitted?

Answer 23

No, an attorney cannot communicate ex parte with a juror during a proceeding about anything

Question 24

What is the rule about witness coaching?

Answer 24

Attorneys can discuss the case with the witness before he testifies, prepare them to testify efficiently, but should not bend their story or put words in their mouth. Attorney must learn what the witness knows, not teach him what he ought to know. Cannot assist a witness to testify falsely