Term
| False Statements by Lawyers to Tribunal |
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Definition
| Lawyer may not knowingly make false statement of fact or law to tribunal, whether or not point is material. |
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Term
| Past False Statements to Tribunal |
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Definition
| Lawyer must notify tribunal when becoming aware that past statement included error of fact or law only if error is material. |
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Term
| False Characterization of Controlling Authority |
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Definition
| Lawyer submitting brief or argument to court must make court aware of contrary on-point authority in controlling jdx. |
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Term
| False Statements of Evidence |
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Definition
1. Lawyer may not offer evidence statements he knows is false.
2. If accidentally offers false evidence, then take remedial measures, including:
a. Persuade client that evidence should not be offered
b. If persuasion is ineffective, refuse to offer false evidence or refuse to ask client questions that would elicit false answers |
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Term
| False Testimony by Client |
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Definition
If client offers false testimony that lawyer knows to be false, following remedial measures must be taken:
a. remonstrate w/ client confidentiality
b. advise client of duty of candor to court
c. seek client’s cooperation with respect to withdrawal or correction of false statements.
d. Withdrawal from representation is not an appropriate measure if it will not solve problem.
e. If the issue cannot be resolved, lawyer must reveal to tribunal as is reasonably necessary to remedy situation, even if doing so requires lawyer to reveal information that otherwise would have been protected by Rule 1.6. |
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Term
| Refusal to offer False Evidence |
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Definition
| Lawyer may refuse to offer evidence that lawyer reasonably believes to be false (lower standard than know), but in criminal cases lawyer must “know” defendant’s testimony to be false before refusing to offer it. |
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Term
| General Rule Against Crime or Fraudulent Conduct by Clients or Witnesses |
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Definition
Lawyer who represents client in proceeding and who knows person intends to engage, is engaged, or has engaged in criminal or fraudulent conduct related to proceeding shall take reasonable remedial measures, including, if necessary, disclosure to tribunal. |
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Term
| Ex parte communications with a Judge: (such as in applying for a restraining order): |
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Definition
| Lawyer shall inform court of all material facts known to lawyer that will enable court to make an informed decision, whether or not the facts are adverse. |
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Term
| Withdrawal in Complying with Candor Rule |
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Definition
A lawyer does not have to withdraw from representation to comply with this rule.
However, lawyer may be required by Rule 1.16 to seek permission to withdraw if compliance results in such a deterioration of client-lawyer relationship that lawyer cannot competently represent client anymore. |
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Term
| Duty to Bring only meritorious claims |
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Definition
1. Lawyer shall not bring or defend a proceeding, or assert or controvert a claim therein
2. unless there is a basis of law and fact for doing so that is not frivolous,
3. which includes a good faith argument for an extension, modification, or reversal ofexisting law. |
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Term
| Defense Lawyer Exception to Frivolous Claims Rule |
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Definition
| Defense lawyer exception: Lawyer in criminal proceeding or respondent in proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. |
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Term
| Duty to Proceed with Reasonable Speed: |
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Definition
| Make reasonable efforts to expedite litigation consistent with the interests of the client. |
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Term
| Avoid Improper Contact with Judges and Jurors (3.5(c)) |
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Definition
Not allowed to:
a. seek to influence judge, juror, prospective juror, or other official in any way that breaks the law
b. communicate ex parte with the above people while proceeding is pending in which the person is involved, unless the communication is authorized by law or by court order |
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Term
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Definition
c. Once jury is discharged (ie: post-trial interviews), lawyer may communicate with members of jury, unless the communication:
i. is contrary to law or court order
ii. is directed to a juror who has expressed his desire not to communicate with lawyer
iii. the communication involves misrepresentation, coercion, duress, or harassment |
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Term
| Avoid Disruption of the Tribunal (3.5(d)) |
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Definition
| Examples: Unduly histrionics or other tactics that offend courtroom decorum. |
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Term
| Duties to Opposing Counsel (3.4) |
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Definition
1. No obstruction of access to evidence
2. No complicity in falsifying evidence
3. No allusion to inadmissible evidence
4. No disobedience of tribunal rules
5. No gamesmanship in discovery
6. No inducements for witnesses to avoid testifying or providing information to adversary |
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Term
| No inducements for witnesses to avoid testifying or providing information to adversary |
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Definition
Lawyer cannot ask person other than client to refrain from voluntarily giving information to another party, unless:
a. person is a relative or agent of client (includes employees of clients), and
b. he reasonably believes that person’s interests will not be adversely affected by withholding the information. |
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Term
| Prohibited Publicity Statements (3.6) |
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Definition
1. No out-of-court statements regarding investigation or litigation of a matter in which
2. the lawyer has participated,
3. where lawyer reasonably knows or should know
4. that his comments will be disseminated in public, and
5. that this dissemination will be substantially likely to cause material prejudice in a proceeding. |
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Term
| Categories of Permitted Statements, not subject to 3.6(a) |
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Definition
1. Claim, offense, or defense involved in a matter and the identity of the persons involved (unless prohibited by law)
2. Information in public record
3. Fact that investigation is underway
4. Schedule of upcoming hearings or events in litigation
5. Need for public’s assistance in obtaining evidence and information
6. Need for public to be wary of danger posed by person involved in matter (assuming a substantial likelihood of harm)
7. In criminal cases, all of the above, plus:
a. identity, residence, occupation, and family status of the accused
b. if accused has not been apprehended, information necessary to apprehend
c. fact, time, and place of arrest
d. identity of investigating and arresting officers or agencies and length of investigation |
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Term
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Definition
| Lawyer may make public statement that is necessary to protect client from substantial undue prejudice effect of recent publicity not initiated by lawyer or lawyer’s client |
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Term
| Imputation of Prohibitions of Publicity Statements |
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Definition
| Imputes the publicity limitations to all lawyers in the same firm or government agency as the lawyer handling the matter in question |
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Term
| Examples of statements that are more likely than not to present a substantial likelihood of material prejudice |
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Definition
1. Character, credibility, reputation, criminal record of a party, suspect, identity of witness, or expected testimony of witness
2. Criminal case or proceeding that may result in jail: possibility of guilty plea, existence or content of confessions, admissions, or statements or refusal to make statement by D
3. Performance or refusal to take or failure of any examination or test of a person or the identity or nature of physical evidence expected to be presented
4. Any opinion on guilt or innocence of defendant or suspect
5. Information lawyer knows or reasonably knows is likely to be inadmissible
6. Fact that D has been charged with crime, unless there is a statement explaining that charge is accusation and D is presumed innocent until and unless proven guilty |
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Term
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Definition
Lawyer cannot represent a client in a trial if also likely to be a witness, unless:
a. Testimony relates to an uncontested issue
b. Testimony relates to the nature and value of legal services rendered in the case
c. Disqualification of the lawyer would work a substantial hardship on the client |
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Term
| Special Duties of Prosecutors |
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Definition
Following Conduct is Unethical:
1. Filing charges not supported by probable cause
2. Failing to make reasonable efforts that will assure the accused is advised of his right to counsel
3. Inducing unrepresented defendants to waive important pretrial rights
4. Failing to disclose exculpatory evidence
5. Calling lawyers before the grand jury except in narrow circumstances
6. Making extrajudicial statements that are likely to heighten public condemnation of the accused, except for statements that are necessary to inform the public or are necessary for law enforcement purposes
7. Failing to disclose and further investigate evidence indicating that innocent purpose has been convicted. In this case the prosecutor shall:
a. Promptly disclose evidence to an appropriate court or authority, and
b. if the conviction was obtained in prosecutor’s jdx:
i. disclose evidence that evidence to D unless the court authorizes delay, and
ii. undertake further investigation or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit
8. Duty to remedy a conviction where clear and convincing evidence established that a defendant convinced prosecutor’s jdx not to commit offense |
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