Week 6 Flashcards
may a lawyer make a false statement of fact to a tribunal?
NO
must an attorney correct a false statement of material fact, law, or both?
Both
if there is directly adverse legal authority in the controlling jurisdiction, and opposing counsel doesn’t mention it, must the attorney disclose that to the court?
YES
May an attorney EVER offer evidence that the attorney KNOWS to be false?
NO
knows is key
May an attorney ever refuse to offer evidence that the attorney REASONABLY BELIEVES to be false?
Yes! an attorney “may” refuse to offer such evidence, SO LONG AS it is not the testimony of a criminal defendant
if an attorney knows a client is engaging in, about to engage in, or has engaged in criminal/fraudulent conduct re: the proceeding, what must he do?
Take remedial measures, including (if necessary) disclosure to the tribunal
does the duty of candor trump that of confidentiality?
YES. Duty of candor applies even if compliance requires disclosure of information otherwise protected
if in an ex parte proceeding, must the attorney disclose all material facts, even if adverse?
Yes.
In the course of representing a client, are attorneys allowed to make a false statement of material fact/law to another lawyer?
No.
Is negotiation puffery considered a false statement of material fact?
No
TRUE/FALSE
An attorney may not violate or attempt to violate the Rules of Professional Conduct through the acts of another
True. Do not assist or induce another to do so.
It is professional misconduct for an attorney to commit a criminal act that reflects adversely on the lawyer’s…
honesty
trustworthiness
fitness as a lawyer
Is it a violation of the rules for an attorney to commit a criminal act that does NOT reflect adversely on an attorney’s honesty, trustworthiness, or fitness as a lawyer?
No. Needs to touch on at least one of those three
May an attorney ever engage in engage in conduct involving dishonesty, fraud, deceit or misrepresentation?
No
TRUE/FALSE
An attorney may occasionally engage in conduct that is prejudicial to the administration of justice
False. NEVER do so
TRUE/FALSE
An attorney, if related to the person, may state or imply an ability to influence a government agency or official
False. never allowed to do so
May an attorney achieve results by means that violate the Rules?
Do the ends occasionally justify the means?
NO
May an attorney ever knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law?
NO
May an attorney engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination in their practice of law?
No
how long does the duty of candor to the court last?
only until the end of the proceedings!
If a criminal defendant plans to testify falsely and will not listen to the attorney’s advice, what are the attorney’s two options?
1) withdraw from the representation
2) permit the defendant to testify in narrative fashion with as little attorney participation as possible
