Some Role-Related Duties

Question 1

Criminal Prosecutors

Who do prosecutors represent?

Answer 1

the state, not the crime victim or a complaining witness

Question 2

Criminal Prosecutors

What are prosecutors charged with doing?

Answer 2

serving the public interest and are required to seek justice. Prosecutors must avoid conflicts between the representation of private clients and the prosecutor’s duty to seek justice on behalf of the public.

Question 3

Criminal Prosecutors

Prosecutors are prohibited from prosecuting charges that are not supported by…

Answer 3

Probable cause

Question 4

Criminal Prosecutors

How should prosecutors approach investigative leads?

Answer 4

even-handedly, without regard to whether they might favor or damage her case

Question 5

Criminal Prosecutors

In what setting the attorney obligation to reveal unfavorable facts in ex parte settings, arise?

Answer 5

grand jury

Question 6

Supervising and Subordinate Lawyers

General duties for supervising attorneys?

Answer 6

Supervising lawyers are ethically responsible for the acts of their subordinates in certain circumstances. They have a generalized duty to provide reasonable supervision of lawyer subordinates

Question 7

Supervising and Subordinate Lawyers

Supervisory lawyers can be subject to discipline for acts of subordinates when: (3)

Answer 7

1. The supervisory lawyer orders the subordinate lawyer to engage in the misconduct;
2. The supervisory lawyer ratifies the subordinate lawyer’s misconduct; or
3. A lawyer who is either a partner or the subordinate’s direct supervisor learns of the misconduct at a time when its effect could be avoided or mitigated and yet fails to take reasonable remedial action

Question 8

Supervising and Subordinate Lawyers

Duty with regard to non lawyers?

Answer 8

Lawyers are responsible for providing reasonable supervision of non-lawyers subordinates on similar terms as for supervising lawyer subordinates.

Question 9

Supervising and Subordinate Lawyers

Are subordinate lawyers ever relieved of ethics responsibility?

Answer 9

In some circumstances under the model rules, but in VA, that rule has not been adopted; in fact, subordinate lawyers are not relieved of ethics responsibility when following a supervisor’s instructions.

Question 10

Multi-Disciplinary Practice

Rule?

Answer 10

Multidisciplinary practice is prohibited. Lawyers may not have a professional partnership with anyone who is not a lawyer