Preserving Dignity & Other Duties Flashcards
Duty to preserve impartiality of tribunal
You may not speek with a prosepctive or empaneled juror before or during trial.
However, after tiral you may interview jurors to discuss case.
Duty to Expedite Cases
A lawyer has the affirmative duty to expedite cases.
Duty to Follow Valid Procedural Rules
A lawyer must follow all procedural rules known to local courts.
Duty to Not Engage in Unauthorized Practice of Law
Unauthorized practice of law includeds:
1. Practicing during suspension
2. Within a state where you are not admitted
In CA: A lawyer must
1. register
2. Pay dues
3. satisfy CLE
4. Follow ethical rules
Duty to Report Misconduct
A lawyer must report another attorney’s violation of rules if it raises doubts about honesty, trustworthiness, or fitness
In CA: ONLY self reporting; NO duty to report violations of other lawyers.
What are the three types of supervision
- Managing Partners
- Supervising Attorneys
- Subordinates
Duty to Supervise Managing Partners
A lawyer must make reasoanble efforts to ensure partners are compying with rules of professional conduct.
Duty to Supervise other Attorneys
Supervising lawyers are liable for violations if they knew about conduct but failed to take action.
Duty to Supervise Subordinates
If action is in clear violation of ethical rule you may disciplione.
If the action is debatable, the partner is soely reliable.