Special Role Related Duties Flashcards
Prosecutors ____ avoid conflicts between the representation of private clients and the prosecutor’s duty to seek justice on behalf of the public
must
Prosecutors do not represent a victim or a complaining witness, they represent the
state
Prosecutors are prohibited form prosecuting charges that are
not supported by probable cause
Prosecutors are required to disclose
exculpatory evidence
A prosecutor is obligated to pursue investigative leads even handedly, without
regard to wether they might favor or damage her case
Prosecutors are required to reveal unfavorable facts in
ex parte hearings, this often arises for prosecutors in grand jury settings
Supervising lawyers are ethically responsible for the acts of
Both subordinate lawyers and non lawyers in certain circumstances
Supervisory lawyers have a generalized duty to provide reasonable supervision of lawyer subordinates when
1) The supervisory lawyer order the subordinate lawyer to engage in the misconduct
2) The supervisory lawyer ratifies of the subordinate lawyer’s misconduct; or
3) A lawyer is either a partner or the direct supervisor of the subordinate when its effect could be avoided and yet fails to take reasonable remedial action
In Virginia, subordinate lawyers are not
relieved of ethics responsibility when following a supervisor’s instructions.
Lawyer’s who engage in a partnership with non-lawyers
is prohibited. A lawyer may not not have a professional relationship with anyone who is not a lawyer