Professional Integrity

Question 1

Advertising/solicitation

Answer 1

Truth required: A lawyer shall not make false or misleading communication about the lawyer or the lawyer’s services

Question 2

Rules for Advertising

Answer 2

A lawyer may advertise her services throughout written, recorded, or electronic communication, including public media, unless the prospective client has made it known to the lawyer of his desire not to be solicited.

Question 3

Requirements for Advertising

Answer 3

All advertisements must include:

1. Contain the name and office address of at least one lawyer responsible for its content
2. Be labeled advertising material
3. No direct solicitation - lawyer may not conduct in-person, live telephone, or real-time electronic contact
4. Specialist: A lawyer shall not imply or state that he is certified as a specialist in a particular field , unless: certified as a specialist by ABA or state approved organization and name of certifying organization is identified in communication.

Question 4

California presumptions regarding advertising

Answer 4

California presumed the following communications to be in violation of the rules:

1. Guarantees, warranties, or predictions regarding results.
2. Testimonials or endorsements without a disclaimer that it is not a guarantee.
3. Delivery to a potential client that the lawyer knows or should reasonably known is in a fragile physical, emotional, or mental state that he could not exercise reasonable judgment.
4. Transmissions at the scene of an accident or en route to the hospital or medical care facility.
5. Communications that contain dramatization, without disclaimer
6. “No fee without recovery: communications, unless it also states whether the client will be liable for costs.

Question 5

California Rule regarding specialists

Answer 5

California requires the certifying organization be an organization certified or accredited by the California State Bar.

Question 6

Duty of Fairness

Answer 6

A lawyer has a general duty of fairness to 3rd parties, opposing counsel and the court.

Question 7

Duties to Represented Parties

Answer 7

A lawyer shall not communicate with parties the lawyer knows to be represented by another lawyer unless the other lawyer has consented or the communication is authorized by law or court order.

Question 8

Duty of Fairness to Court

Answer 8

A lawyer shall not knowingly:

1. Make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made,
2. Fail to disclose adverse legal authority, or
3. Offer evidence that the lawyer knows to be false,
4. A lawyer who knows the client intents to engage in fraudulent or criminal activity should take reasonable remedial measures, including if necessary, disclose to tribunal.

Question 9

Duties of Fairness to Opposing counsel

Answer 9

As to the opposing counsel and party, a lawyer shall not:

a. Unlawfully obstruct evidence, or destroy or conceal documents or other material
b. Disobey the court rules.
c. Make a frivolous discovery request or fail to reasonably comply with discovery requests;
d. Assert personal opinions during trial; or
e. Request others refrain from giving relevant information unless a relative or agent or client

Question 10

Duty of Decorum to the Tribunal

Answer 10

A lawyer shall not:

a. Seek to influence jurors, judges, or other officials
b. Communicate ex-parte with such persons during proceedings.
c. Communicate with jurors after they are discharged if they don’t want to communicate

Question 11

Duty not to suppress evidence

Answer 11

California rules prohibit a lawyer rom suppressing any evidence that the lawyer or the lawyer’s client has a legal obligation to reveal or produce.

Question 12

Extrajudicial statements

Answer 12

A lawyer who is participating in an investigation or litigation or a matter shall not make extrajudicial statement that the lawyer knows or reasonably should know will be publically disseminated and have substantial likelihood of materially prejudicing the proceedings.

Question 13

What may a lawyer state publically regarding a case or controversy?

Answer 13

The lawyer may state the claim, offense, or defense involved; the information in the public records; that an investigation is in progress; requests for information; warnings of danger; and the status of the accused in a criminal case.

Question 14

Duties of Prosecutors

Answer 14

Prosecutors shall:

a. Refrain from prosecuting charges that are not supported by probable cause,
b. Make timely disclosure to the defense of all exculpatory evidence, and
c. Refrain from making extrajudicial statements that have a substantial likelihood of heightening public condemnation of the accuses.

Question 15

Unauthorized practice of law/liability for others

Answer 15

1. No practice with a non-lawyer - no partnership or association with a non-lawyer
2. Responsible for ratification and supervised lawyer: A lawyer shall be responsible for another lawyer’s violation of rules of professional conduct if the lawyer knowingly ratifies the conduct or is a partner or has a direct supervisory authority over the other lawyer and could have mitigated the consequences.

Question 16

Duty to report ethical violations

Answer 16

1. A lawyer who knows that another lawyer has committed a violation of the rules of professional conduct that raises a substantial question as to the lawyer’s honesty, trustworthiness, or fitness as a lawyer shall inform the appropriate professional authority
2. California rule permits, but does not require, the reporting of ethical violations.

Question 17

Duty to public/profession

Answer 17

1. No criminal conduct
2. No frivolous claims
3. No harassing.
4. No threats

Question 18

Duty against criminal conduct

Answer 18

A lawyer shall not counsel a client to engage, or assist a client, in criminal or fraudulent conduct, but may counsel the client to discuss the legal consequences and assist them in making a good faith effort to understand the law.

Question 19

Duty against frivolous claims

Answer 19

A lawyer shall not bring or defend a proceeding unless there is a basis in law and fact for doing so that is not frivolous.

Question 20

Duty against harassing

Answer 20

The California rules prohibit a lawyer from seeking, accepting, or continuing employment to conduct a defense or case without probable cause or for the purpose of harassing or maliciously injuring any person.

Question 21

Duty against threats

Answer 21

The California rules prohibit a lawyer from threatening to present criminal, administrative, or disciplinary charges to obtain an unfair advantage in civil dispute.