Week 6

Question 1

may a lawyer make a false statement of fact to a tribunal?

Answer 1

NO

Question 2

must an attorney correct a false statement of material fact, law, or both?

Answer 2

Both

Question 3

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?

Answer 3

YES

Question 4

May an attorney EVER offer evidence that the attorney KNOWS to be false?

Answer 4

NO

knows is key

Question 5

May an attorney ever refuse to offer evidence that the attorney REASONABLY BELIEVES to be false?

Answer 5

Yes! an attorney “may” refuse to offer such evidence, SO LONG AS it is not the testimony of a criminal defendant

Question 6

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?

Answer 6

Take remedial measures, including (if necessary) disclosure to the tribunal

Question 7

does the duty of candor trump that of confidentiality?

Answer 7

YES. Duty of candor applies even if compliance requires disclosure of information otherwise protected

Question 8

if in an ex parte proceeding, must the attorney disclose all material facts, even if adverse?

Answer 8

Yes.

Question 9

In the course of representing a client, are attorneys allowed to make a false statement of material fact/law to another lawyer?

Answer 9

No.

Question 10

Is negotiation puffery considered a false statement of material fact?

Answer 10

No

Question 11

TRUE/FALSE

An attorney may not violate or attempt to violate the Rules of Professional Conduct through the acts of another

Answer 11

True. Do not assist or induce another to do so.

Question 12

It is professional misconduct for an attorney to commit a criminal act that reflects adversely on the lawyer’s…

Answer 12

honesty
trustworthiness
fitness as a lawyer

Question 13

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?

Answer 13

No. Needs to touch on at least one of those three

Question 14

May an attorney ever engage in engage in conduct involving dishonesty, fraud, deceit or misrepresentation?

Answer 14

No

Question 15

TRUE/FALSE

An attorney may occasionally engage in conduct that is prejudicial to the administration of justice

Answer 15

False. NEVER do so

Question 16

TRUE/FALSE

An attorney, if related to the person, may state or imply an ability to influence a government agency or official

Answer 16

False. never allowed to do so

Question 17

May an attorney achieve results by means that violate the Rules?

Do the ends occasionally justify the means?

Answer 17

NO

Question 18

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?

Answer 18

NO

Question 19

May an attorney engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination in their practice of law?

Answer 19

No

Question 20

how long does the duty of candor to the court last?

Answer 20

only until the end of the proceedings!

Question 21

If a criminal defendant plans to testify falsely and will not listen to the attorney’s advice, what are the attorney’s two options?

Answer 21

1) withdraw from the representation

2) permit the defendant to testify in narrative fashion with as little attorney participation as possible