Responsibilites to Others

Question 1

Subordinate Lawyer

Answer 1

has to abide by rules but has no liability for others violations if he is supervised and has a calose ehtical call

Question 2

Supervising Lawyer

Answer 2

has to abide by rules & ensure supervisor does the same

Question 3

Partner

Answer 3

everybody related other partners abide by rules. The standard is known or should have known

Question 4

Fiarness to Opposing Counsel

Answer 4

Talking directly to an adverse party: An attorney may not contact a party or communicate about the subject of the representationwith a person he knows to be repped by counsel in the matter unless the other counsel _has gained permission , or he is otherwise authorized by law to make such a communication.

organations are considered persons for these purposes and a lawyer must obtain permission for the organization’s counsel before speaking with
___
a.a paerson with meaingful responsiblty
b. a person whose conduct might be imputed ot the org c. a person whose statements mayconstitute an admission by org

A lawyer must not obstrcut another party’s access to evidence ; falsify evidence or request a person other than a client refrain from voluntarily giving relevant information to another party unless: (i) the person is a relative or an employee or other agent of a client and (ii) the lawyer reasonably believes that the person’s interests will not be adversely affected by refraining from giving such information.

Question 5

Candor to the Tribunal

Answer 5

Ex Parte Communications with judge or jury: _ _ avoid them but if happen bc fair and honest .

2. There is an affirmative duty to alert the court to adverse legal authoirty , but you are only required to disclose only those cases in the controlling jurisdiction not disclosed by opposing counsel . There is no duty to disclose authority that is merely persuasive .
3. What happens if you know that your client has committed perjury on the stand?

urge to recant

withdraw if won’t recant

Question 6

Third Parties

Answer 6

1. A lawyer must not take action that he knows is to merely _
   harass or maliciously injure another ; nor may a lawyer knowingly advance a  meritorious claim.
2. A lawyer must not knowingly make a false statement of material
   fact or fail to disclose a material fact to avoid the repercussions of a crime or fraud unless the disclosure violates confidentiality.
3. A lawyer cannot make an extrajudicial statement that is substantially likely to materially prejudice the legal process unless it is a statement to protect the client from prejudice not initiated by statements from the lawyer or lawyer’s client.
4. Prosecutors have special responsibilities. They must make timely disclosures of any and all information that negates guilt or mitigate the offense of a criminal defense. [Brady violations]
5. A lawyer cannot communicate about the subject of representation to a third party represented by counsel without counsel’s consent.
6. If a lawyer communicates with a third party not represented by counsel, she cannot:
   i. state or imply that she is disinterested
   ii. give advice other than to secure counsel
   iii. initiate contact with a potentially adverse party in a personal injury or wrongful death case unless the injury or death occurs more than thirty days prior to the contact.