Pg 25

Question 1

What are the things that are permissible to discuss with a witness ahead of time?

Answer 1

His perception, recollection, possible testimony, documents or items to refresh his memory, point out inconsistencies in his story, reveal evidence to the witness to find out how it affects his story, explain how the law applies to the case, go over the factual context that the witness’ testimony fits into, talk about his role and demeanour in the court room, discuss likely cross-examination, role-play rehearsal

Question 2

What are the things an attorney cannot do in preparation for a witness to take the stand?

Answer 2

Knowingly, overtly or covertly influence the witness to testify to something the attorney knows is false

Question 3

Because of the impressionable nature of memory, an attorney should be very careful not to do what when he is prepping a witness?

Answer 3

Not to be suggestive. Should just start with recall, then recognition, and should use neutral questions

Question 4

It is necessary to avoid what two things that are forms of disrespect and undermine the legal system?

Answer 4

Bias and prejudice

Question 5

What are some different types of bias?

Answer 5

Gender, sexuality, racial, obesity, rural location

Question 6

What’s the definition of bias?

Answer 6

Mental leaning or inclination

Question 7

What are the two types of bias?

Answer 7

Conscious and unconscious

Question 8

What is MR 1.8 about sexual relations?

Answer 8

Attorneys cannot have sexual relations with a client unless the sexual relationship already existed between them when the attorney client relationship again

Question 9

If the client is an organization, what is the rule for sexual relations?

Answer 9

The attorney cannot have sex with a constituent of the organization that supervises, directs, or regularly communicates with the attorney

Question 10

If an attorney and a client begin a work relationship which eventually devolves into a sexual one, and the attorney doesn’t charge the client, is that a violation of the rules?

Answer 10

Yes, unless the sexual relationship existed at the formation of the relationship

Question 11

The rule about sexual relationships with clients is a per se rule, so what does that mean?

Answer 11

Anything outside of the single exception to the rule violates the rule. It doesn’t matter if the relationship did or didn’t impact the attorney’s professional judgement

Question 12

What is MR 1.8 professional misconduct?

Answer 12

An attorney is not allowed to engage in conduct that he knows or reasonably should know is harassment or discrimination based on race, sex, religion, national origin, disability, age, sexual orientation, gender identity, marital status, or socioeconomic status in the practice of law

Question 13

What is discrimination?

Answer 13

Verbal or physical conduct that manifests bias or prejudice towards others

Question 14

What is included in the phrase “conduct relating to the practice of law”?

Answer 14

Interaction with your witnesses, coworkers, court personnel, attorneys, others while practising law, Bar Association, business or social activities connected to the practice of law

Question 15

What are the four I’s involved in the core duty of judges?

Answer 15

Independence
Integrity
Impartiality
avoiding the appearance of Impropriety

Question 16

The model code of judicial conduct applies to judges in what areas of their lives?

Answer 16

Both personal and professional

Question 17

A judge cannot preside over a case involving a family member because of what?

Answer 17

The appearance of impropriety

Question 18

Is the CJC a basis for civil or criminal liability?

Answer 18

No, it just allows a judge to be disciplined for violating a rule

Question 19

The CJC applies to what kind of judges?

Answer 19

All full-time judges, federal judges but not the US Supreme Court

Question 20

The standard for the CJC is what in relation to the model rules for attorneys?

Answer 20

Higher

Question 21

What is a judge?

Answer 21

Anyone authorized to perform judicial functions

Question 22

What are some examples of judges?

Answer 22

Justices of the peace, magistrates, commissioners, special masters, referees, members of the administrative law judiciary

Question 23

If a judge inadvertently engages in an ex parte communication, what must he do?

Answer 23

Promptly notify all other parties about the substance of the communication and give them an opportunity to be heard

Question 24

When must a judge disqualify or recuse himself?

Answer 24

From any proceeding where his impartiality might reasonably be questioned

Question 25

If an attorney represents a judge on a personal matter and also represents a client whose unrelated case is before the judge, what should the judge do?

Answer 25

Judge must recuse himself if he thinks he has a personal bias for his attorney because of the representation

Question 26

What is the rule for judges in making public statements?

Answer 26

They cannot make a public statement that might reasonably be expected to affect the outcome or impair the fairness of a matter pending in any court, not just cases in their own courtroom