Professional Integrity - Middle Chunk - DOF (7) Flashcards
Duty of Fairness to (other) Clients
When a lawyer knows that a person is represented by counsel in a matter, the lawyer cannot speak to the person concerning the matter unless:
* (1) the lawyer has permission from the person’s lawyers,
* (2) authorized by law or court order.
Additionally, in CA, there is an exception if it is a public official, board committee or body.
Duty of Candor/Fairness to Court
A lawyer cannot engage in conduct involving dishonesty or fraud.
A lawyer cannot knowingly make a false statement, fail to correct a false statement, fail to disclose controlling authority known to be adverse or offer evidence known to be false.
In CA, a lawyer is required to employ only means consistent with the truth, and never seek to mislead any judicial officer with false statements.
Duty of Candor Remedial Measures
If a lawyer knows of false testimony elicited from a client during a deposition, the lawyer must
* (1) take reasonable measures to remonstrate the client confidentially,
* (2) advise the client of the lawyer’s duty of candor, and
* (3) seek the client’s assistance to correct.
In CA, during criminal trials, the lawyer may allow the client to testify in the narrative without disclosing perjury.
Witness Perjury
A lawyer cannot call a witness that he knows will commit perjury.
If the defendant in a criminal trial insists on testifying to false information:
* 1) try to persuade them not to;
* 2) attempt to withdraw,
* 3) ABA – tell the court.
In CA allow the defendant to testify in narrative fashion.
Duty of Fairness to Adversaries (Opposing Counsel)
As to opposing counsel, a lawyer shall not
* (1) unlawfully obstruct evidence or destroy or conceal (CA includes suppress) documents or other material,
* (2) falsify evidence,
* (3) promptly notify the sender of any materials inadvertently sent to the lawyer.
In CA, also states the lawyer should refrain from examining the writing to the extent possible.
In both, they cannot knowingly disobey the court rules.
Prosecutor Duties
Public prosecutors shall
* (1) refrain from prosecuting charges that are not supported by probable cause,
* (2) make reasonable efforts to ensure the accused is advised of the right to counsel
* (3) make timely disclosure to the defense of all exculpatory evidence,
* (4) refrain from making extra judicial statements that have a substantial likelihood of heightening public condemnation of the accused AND
* (5) seek to remedy wrongful convictions.
Trial Publicity
A lawyer shall not make extrajudicial statements that the lawyer knows or should know will be disseminated publicity and are likely to materially prejudice the case.
Exceptions exists for statements to limit adverse publicity; when limited to the claim, defense of identification of person, when in a public record, warning of danger, or** information necessary for apprehension**.
Duty to Disclose Evidence
CA rules prohibit a lawyer from suppressing any evidence that the lawyer or the lawyer’s client has a legal obligation to reveal or produce.
Duty of Decorum to the Tribunal (Ex parte)
A lawyer is not permitted to communicate ex parte with persons serving in official capacity in the proceeding except for logistics and emergency information.
Duty to State the Law Truthfully
An attorney may not knowingly make a false statement of law or present frivolous claims or defense to the court. An attorney shall be candid about the law and cite to adverse authority if controlling and on point. A claim is frivolous if the lawyer cannot make a good-faith argument for a modification or reversal of existing law.
Duty to Not File Frivilous Claims
*Frivolous Claims – A lawyer has a duty to investigate the claims or defenses filed on behalf of a client and cannot file frivolous claims or defenses with the court.
