Quick Review Flashcards
Do you have a duty to volunteer facts that might help the other side?
No, but in ex parts proceedings, you must inform he court of all material facts that will enable it to make an informed decision.
May you pay the reasonable fees of an expert witness?
Yes, but such fees must never be contingent on the content of the testimony or the outcome of the case.
May you limit your malpractice liability in advance?
Yes, if client is independently represented in making the agreement.
May a judge testify as a character witness?
Generally no, but can do so if summoned to testify
List the situations in which each applies:
- Informed consent
- Informed consent/agreement confirmed in writing
- Informed consent/agreement in writing signed by client
- Limiting the scope of representation; third person paying legal fees; providing a materially harmful evaluation of client’s affairs for use by a third person; revealing client’s confidentiality information or using it to disadvantage (unless exception applies or otherwise permitted)
- Most waivaible conflicts of interest (direct adversity/material limitation, dormer clients & employment, prospective clients, government work, prior involvement in a matter a judge, arbitrator, etc.) *** BUT CERTAIN IMPUTED CONFLICTS CAN BE CURED WITH JUST SCREENING/WRITTEN NOTICE ; fee-splitting arrangement with attorney AT DIFFERENT FIRM
- Business transaction w/ pecuniary interest adverse to client; aggregate settlement b/w clients; contingent fee agreement
May a lawyer representing a client adverse to an organization interview an employee of the organization?
Yes, but the employee must not be a high-ranking official, does not regularly consult the organization’s counsel about the case, and did not commit the conduct at issue (i.e. THEY ARE A WITNESS)
Offering evidence that you reasonably believe is false.
You may refuse to offer it unless it is the testimony of a criminal defendant.
