Responsibilities to the Legal Profession

Question 1

CONDUCT WHILE NOT IN PRACTICE

Answer 1

1. lawyers are still bound by professional standards of practice in acting in personal capacity

Question 2

POLITICAL CONTRIBUTIONS TO OBTAIN GOV’T EMPLOYMENT

Answer 2

1. lawyers and firms must not accept gov’t legal employment or judicial appointments if a political contribution was made for the purpose of obtaining it
2. does not apply to employment or appointments they are:
   i. for uncompensated services
   ii. made on the basis of a lawyer’s experience and following a process that is free from influence based on political contributions
   iii. made on a rotating basis from a list compiled without regard to political contributions

Question 3

REPORTING ON OTHER LAWYERS

Answer 3

3. ABA: Required to report a lawyers’ or judges’ violation if it raises questions as to honesty, trustworthiness and fitness to practice.
4. CA does not require external reporting
   i. But may be disciplined for knowing of colleagues violation and doing nothing to prevent it (somehow addressin the issue, reporting to supervisor)
5. CA requires you to self-report e.g. felony convictions, malpractice 3x in a year

Question 4

JUDICIAL AND LEGAL OFFICE

Answer 4

1. must not make false statements or speak with reckless disregard for truth or falsity concerning the qualifications or integrity of:
   i. judges
   ii. adjudicatory or public legal officers
   iii. candidates for election or appointment to judicial or legal office
2. candidates for judicial office must comply with code of judicial conduct

Question 5

PUBLIC PROSECUTORS – Procedure

Answer 5

1. prosecutors must assure that a defendant is tried by fair procedures and that guilt is decided on proper and sufficient evidence
2. duty is to seek justice, not just win cases
3. must not knowingly proceed w charges not supported by probable cause
4. must reasonably ensure the accused is
   i. advised of the right to counsel,
   ii. advised of the procedure for obtaining counsel, and
   iii. given a reasonable opportunity to obtain counsel
5. must not seek a waiver of important pretrial rights from an unrepresented accused

Question 6

Public Prosecutors – Evidence

Answer 6

6. must timely disclose to the defense all evidence and information known to the prosecutor that tends to negate the guilt of the accused or mitigate the degree of the offense
   i. exceeds the Brady standard, prosecutor must disclose regardless of admissibility or impact on the outcome.
7. must promptly disclose new, credible, and material evidence that creates a reasonable likelihood that a defendant was wrongly convicted
8. in sentencing, must disclose to the defense and the court all unprivileged mitigating information known to the prosecutor
9. must seek to remedy a convicted defendant in his jx if he knows of clear and convincing evidence that the defendant was innocent

Question 7

Public Prosecutors– Publicity

Answer 7

10. must not make extrajudicial statements that have a substantial likelihood of heightening public condemnation of the accused unless there is a legitimate law enforcement purpose
    i. must also must take reasonable care to prevent investigators, police, employees, and other subordinates from making such statement

Question 8

Public Prosecutors– Discovery

Answer 8

11. must not subpoena a lawyer to give evidence about a client unless the information is not privileged, is essential, and cannot be obtained in any other way

Question 9

Public Prosecutors – Civil Litigation

Answer 9

12. these duties also apply to government lawyers in civil litigation:
    i. should not institute or continue unfair actions
    ii. should develop a full record
    iii. must not use position or power to harass parties or to force unjust settlements or results