Threats/ Duty to report Flashcards
1
Q
Threats
A
Lawyer has a duty of fairness to opposing counsel and the court.
California rule prohibits a lawyer from threatening to present criminal, administrative, or disciplinary charges to obtain an GAIN advantage in a civil despite. Under ABA, no such rules.
2
Q
Duty to report Ethical violations
A
ABA: A lawyer has an ongoing duty to report ethical violations of another Lawyer that raises a substantial question as to the lawyer’s honesty, trustworthiness, or fitness as a lawyer/judge.
Cal Rule: Permits. but does not require the reporting of ethical violations.
