Professional Documents
Culture Documents
PROFESSIONAL RESPONSIBILITY
Performance tests and/or essay questions may test knowledge of the California
Rules of Professional Conduct [similar to the ABA Model Rules, but the important
differences are marked with the asterisks], relevant sections of the California
Business and Professions Code, and leading federal and state case law on the
subject in addition to the ABA Model Rules of Professional Conduct [the modern
major rule tested on the MPRE] and ABA Model Code of Professional
Responsibility [the shrinking minority rule since the rule appear in 1983].
Professional responsibility issues may be included in conjunction with any subject
tested on the examination.
In the rare case when a jurisdiction is stated, apply that set of rules. Otherwise, use
CA law and strengthen your answer by flagging conflicts with ABA model rules
(majority position).
C. Essay Tip: Dont chase phantom PR questions. Look at the call of the question.
Dont just write about PR when the exam Q doesnt even ask for it. Maybe just throw in
a sentence or two to raise the issue of PR and move on.
II.
Confidentiality
Loyalty
Fiduciary Responsibilities > Client(s). Do each separately!
Competence
& other reasonable things
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(2) Duties to entities other than your client(s). Mix and match:
Candor/Truthfulness Court/tribunal
Fairness Adversaries (parties & their counsel)
Dignity/Decorum > Profession
& other reasonable things Third parties
Public
B. Building an essay. Within the call of the question, outline by identifying every major
duty that you have to each individual client. Then, for each of these, look for conflicting
duties to other clients or entities. Organize your answer by discussing these conflicting
duties in a cluster, then move to the next major duty to your client and its related cluster
of duties. Finally, resurvey the problem for any miscellaneous duties, e.g., to the public
or profession, that you havent discussed yet.
1. Consider alternatives to your main conclusions rather than simply stopping after
the most likely conclusion. E.g., Although unlikely for the reasons just discussed,
if the court finds that the representation of Client A overlaps with the subject of
Client Bs representation, then the duty of loyalty would require....
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1. Consent. If the client consents after consultation, a lawyer may reveal otherwise
confidential information.
Your client Vince has synthesized a new steroid, XFS, to build strength and
aggression in athletes. He has hired you to get a patent on the drug. May you
reveal his invention to the Patent Office? Yes. You have implied consent to
reveal whats necessary to render your legal services.
2. Crimes.
Vince tells you that he is liberally distributing bribes and XFS to ball
players in his new league, to make for more predictably lucrative betting
on the games. May you reveal his intentions to prevent this future crime?
The ABA says: Yes, if he used or is using your services to commit the
crime, and the disclosure would prevent or mitigate substantial financial
loss.
What if, instead, Vince told you he wasnt just going to Outlaw, but fully
Xterminate, Jesse for his lousy commentary? May you reveal his
intention to anyone? Yes, you MAY reveal only whats necessary to
prevent the act, if you reasonably believe disclosure is necessary to
prevent reasonably certain death or substantial bodily harm.
3. Defending yourself.
Vince (i) sues you for malpractice, (ii) brings disciplinary actions against you, and
(iii) refuses to pay you, forcing you to sue him for your fees. May you reveal
confidential information in any of these proceedings? Yes, all of these
circumstances, as well as seeking an ethics opinion, fall into the exception for
revealing information necessary to establish a claim or defense.
1 Remember these: (1) past crime, past harm atty cannot reveal this confidential info; (2) future crime, future
harm atty may reveal this confidential info in order to prevent Vs death or substantial bodily harm; (3) past
crime, future harm atty may reveal this confidential info in order to prevent Vs death or substantial bodily
harm (ex. client tells atty he has kidnapped V and hidden him in a warehouse on 1234 Walnut Drive. The crime
has been committed but V isnt dead yet, so atty may reveal this info in order to prevent Vs possible death or
substantial bodily harm).
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b. You inform each affected client. If your duty of confidentiality prevents you
from fully disclosing information to the client that s/he needs to understand the
conflict, then consent may not be possible.
3. If conflicts emerge only after representation begins, disclose potential and actual
conflicts as they arise, get further consent, and withdraw if consent is not
reasonable.
4. Imputed disqualification means that you and all the members of your firm are
treated as a unit for the purposes of conflicts. This includes any group of lawyers
that work together closely or share responsibilities, e.g., private firms, government
agency offices, and corporate law departments. *CA follows these rules for
disqualification, but does not subject a lawyer to discipline for imputed conflicts
under its ethical rules.
Issue spotter tip: Always look for conflicts of your colleagues as well as
your own.
5. Remedies: (depends on the posture of the case, but consider): Refuse to take the
case; advise multiple clients to get separate counsels; and/or withdraw (depends on
how the fact pattern is set up).
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2. Business transactions or adverse interests. You may enter into business with a
client or obtain an interest adverse to hers only if: (a) the terms are fair to the client,
(b) fully disclosed in understandable writing, (c) the client has opportunity to
consult an outside lawyer, and (d) your client provides written consent.
Attorney Andrea was asked to serve on the Board of Directors of one of her
firms clients. May she do so? Maybe. There is no automatic bar to serving on
a Board of Directors of a corporate client, although it is strongly discouraged,
as it is likely to compromise duties of confidentiality and loyalty.
Halfway through his trial, Scott offers to sell his lawyer rights to his story to
raise some needed cash. Can the lawyer accept? Under ABA rule, not before
the representation has ended.
*CA case law discourages contracts before the end of proceedings, but
tolerates them if the judge is satisfied that the client clearly understands and
consents. Think: CA is Hollywood so more liberal rule!!!
4. Loans and advances to your client. Do not financially assist your client with
litigation, except for: costs and litigation expenses when representing an indigent,
and the advance of expenses if the client promises to pay them back. Repayment
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*CA prohibits the promise of paying a clients debts to gain his business,
but allows loans2 in all matters (including non-litigation matters) for any
purpose after the lawyer is hired if there is a written IOU. Rule of thumb: CA
very often allows its attys to do more than whats allowed by the ABA.
But CA requires its attys to write it down. If you are not quite sure, just
say the atty should have written it down.
5. Limiting liability. You cannot proscriptively limit your clients right to report
you for ethical or other professional violations. Similarly, you cannot limit your
malpractice liability when you enter into a relationship with your client unless he
is independently represented in making the agreement.
If a client later does make a malpractice claim against you, you can only
settle after written advice to the client to consult an outside lawyer first.
7. Gifts to the lawyer or lawyers family. You must not solicit a substantial gift
from a client, or draft a legal instrument for a client who is not your close
relative if it provides a substantial gift to you or your relative(s).
*CA only prohibits inducing the gift, not drafting the instrument.
8. Close relationships with the lawyer for the other side. You cant oppose a
party represented by a relative without informed client consent. Close relations
clearly include: immediate family, i.e., your spouse, parent, child or sibling.
*CA extends this rule to any intimate relationship, e.g., your own lawyer or
client, your shackmate or other intimates.
9. Trial counsel as a necessary witness. The general rule is you cannot serve as
counsel and witness in the same trial. The ABA allows exceptions if the
lawyers appearance as a witness will not prejudice the client, and the
testimony is uncontested, or regarding the nature and value of services
rendered, or if your distinctive value to the case would mean withdrawal
would impose substantial hardship on the client.
C. Conflicts between Clients. Generally, you may represent clients with potential
conflicts with the proper consent of all, but it is almost never proper if their interests are
in actual conflict.
1. Issue spotter tip: For each client, separately ask yourself about all duties you
2 Here, the key is: paying off clients debts v. lending client $$ so he can use it to pay off his debts need to
pay back the atty
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may have. Watch for breach of the duty of confidentiality in multiple client
representation.
Your law firm represents Texaco in labor matters, although you have done no
work for it. Lundwall, a former Texaco employee, asks you to help him sue
Texaco for cutting off his benefits. Can you do so? No. Note, imputed
disqualification means you represent Texaco. Lundwall and Texaco are in
direct conflict. Conclusion: Its unreasonable to represent both.
*CA Rule: It is never reasonable to assert a claim by one client against another
client in the same case.
You find yourself arguing both for and against the constitutionality of
mandatory sentencing laws in two different appeals. OK with consent of both
clients? Yes, but if either would be disadvantaged you must withdraw.
Now, however, Kevorkian tells you that he was indeed using medically
unorthodox practices on the plaintiff that are not covered by his malpractice
insurance policy. Is there now an actual conflict between Kevorkian & his
insurance company? Yes. They are in direct conflict over coverage.
Best remedy? Withdraw from both and advise them to get separate counsel. If
you are desperate for business, you can still keep Kevorkian but must ditch the
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Insurance company.
You must at least withdraw from representing InsCo because you have
relevant, confidential information from Kevorkian that you cannot use in
pursuing undivided loyal representation of InsCo.
In criminal matters, dual representation may not only compromise your
loyalty, but also impede the 6th Amd. guarantee of effective assistance
of counsel.
Nicole asks you to represent her in her divorce from Tom, but your senior
partner once represented Tom in business dealings. OK? Maybe, first note that
imputed DQ applies. It depends on the nature of work done.
What if your partner had only represented a real estate venture in which Tom
was a limited partner? Likely OK because Tom only a limited partner (you
know little about him).
If you left your firm, can your ex-firm now represent Christina in her action
against Britney? Maybe. Imputed DQ applies to your former firm if: (i) the
matters are substantially related or the same, and (ii) any remaining lawyer has
confidential material information.
a. The ABA Rule states if the government lawyer worked personally and
substantially on a matter, i.e., a specific dispute between specific people
over specific issues, then it would be a conflict to work on the same matter
later in private practice.
b. Imputed disqualification
May other members of your firm? Yes, if the three conditions for an
exception to imputed disqualification of colleagues of former government
lawyers are met:
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What if you were a judicial clerk on the Ninth Circuit and worked on the
U.S. v. Halliburton case? The same rules apply to clerks, judges,
arbitrators, basically people working the legal capacity here.
d. *CA does not have a counterpart to this rule for government service! It does
bar prosecutors from later participating on the defense side of the same case.
2. Compensation for your services from a third party is permitted only with
informed client consent.
3. Organizational clients. A lawyer must act in the best interest of the entity, even if
an officer, employee, or other associated person acts to the contrary.
a. The Sarbanes-Oxley Act of 20023 has generated special rules for securities
lawyers:
You are in-house counsel at Enron. You discover that the Chief Operating
Officer has materially violated securities laws in his dealings with an old
political friend. You must report the matter to the CEO or chief legal
counsel of the company. If they do not respond, you must go to or
highest authority in the board or the highest authority of the company.
Finally, if you reasonably believe it is necessary to prevent fraud or
substantial injury to the organization or investors, or if your services
were used, you may disclose confidential information without client
consent to the SEC.
*CA requires more than the ABA: agreements must be in writing, unless (i)
the fee is under $1000, (ii) it is with a corporate client, (iii) it is for routine
services for a regular client, or (iv) it is an emergency or impractical.
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*CA also requires that agreements state 4) how work that is not covered by the
contingency fee will be paid, and 5) that lawyers fees are negotiable, not some
standard percent of recovery.
Bud fires Vinny from his personal injury case after he decides hes not
nearly as good as the guys in the movies. Vinnys put in a good year of
work, although the case has not gone to trial or settled. If Vinny had a
contingent fee agreement with Bud, can he recover any fees? Yes, if and
when Bud wins, then Vinny can recover in quantum meruit (i.e., in
proportion of the work done).
ABA Rule: Fees must be reasonable, taking into account the labor, novelty,
difficulty, skill and timing required, result obtained, the experience of and
other demands on the attorney, fee arrangement, etc.
*CA Rule: Fees must not be unconscionably high. So if theres a gap b/w
reasonable and unconscionably high, then you can collect the fees!!
4. Fee splitting. Focus on the party/entity with whom you are sharing fees:
b. You may split fees with lawyer(s) outside your firm only if the total fee
meets ethical standards and there is written disclosure and consent. In
addition, the ABA requires that the division be proportion to the work done by
each attorney, unless each is jointly responsible for the action, but *CA does
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Referral fees are not allowed under the ABA Rules, but *CA allows them so
long as the total fee is not unconscionable and not increased due to the split.
Jacob gets a great personal injury case, but is annoyed that the case is based in
LA, which he regards as a grid locked armpit. He refers the case to Meyer,
who does all the work and wins a million bucks. Can Meyer send Jacob a
Hummer as thanks for the referral? No, Jacob did no work so its not
proportional. *CA is ok with consent.
Exceptions to fee splitting with non-lawyers are for death benefits for a
lawyers services paid for a reasonable time to the deceased lawyers firm or
heirs, and fees shared with non-lawyer employees via pension and
compensation plans.
You can enter a reciprocal referral arrangement with another lawyer or non-
lawyer professional, provided it is not exclusive and you explain the
arrangement to the client at the time of the referral.
If, along with provision of legal services, a lawyer provides law related
services to a client herself, she is subject to the ethical rules. If the services
are provided by a separate entity controlled by the lawyer, she must take
reasonable measures to assure the client knows the protections of a client-
lawyer relationship do not apply.
1. You have a duty to safeguard your clients property by labeling and storing
it in a safe place such as an office safe or bank safe deposit box.
2. Money held for the client must be placed in a client trust account. These
include moneys received on his behalf, advances for costs, expenses and fees. No
borrowing or commingling of funds with your personal money allowed!
b. Smaller funds held for a short period of time for several clients at once can
be deposited into a pooled client trust account. This must be a checking
account, and in CA, as in most states, the interest (IOLTA; interests on lawyer
trust account) will first go to pay the banks service charges, and the remainder
to the CA state bar to fund legal services.
c. If you have a disputed claim for fees or if a third party has a lawful claim
over your clients funds or property in your custody, you must withhold the
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disputed portion in the client trust account until resolution of the claim.
3. You have a duty to keep good records for your client, to render accountings,
notify him of moneys received on his behalf, and pay promptly money due to
him. *CA requires you to keep records of client property for 5 years after final
distribution and to make records available to the State Bar for audits.
Competence means using the legal knowledge, skill, thoroughness, and preparation
reasonably necessary for the representation.
If you dont know the relevant law, you cant take on a matter unless: you can
put in the time to learn it without undue expense or delay to your client, or you
associate with a lawyer competent in the area.
B. Accepting representation. The general rule is that you are free to accept or to reject
any case. A lawyer is not a bus.
1. You should accept, as part of your duty to the public and profession: (a) the case
of the defenseless or oppressed if your only reason to refuse is selfish, and (b) a
fair share of work without charge. ABA rules urge 50 hours of pro bono work a
year for truly indigent clients.
2. Conversely, you must reject a case if you would violate a law or disciplinary rule
to take it. Typical problems are if you are not in the physical or mental shape to
take the case (violating the duty of competence to the client; this includes just being
over booked!), or if the case would require making a frivolous legal argument
(violating the duty of candor to the court).
C. Scope of representation. The client makes decisions about her substantive rights
(e.g., whether to testify in a criminal case, accepting plea bargains or settlement offers).
The lawyer makes decisions on procedure and legal strategy (e.g., choice of motions,
what discovery to seek). If you disagree, you can limit the scope of representation, with
clients consent.
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Martha has asked you, her lawyer, if she must answer truthfully if the prosecutor
asks her on the stand if she had ever discussed particular stocks with certain
individuals. You should tell her about her Fifth Amendment right against self-
incrimination, but that she must testify truthfully if she takes the stand (fulfilling
duties of competence, candor, and fairness.) But the final decision to testify is hers.
D. Duty to communicate. You have a duty to keep your client informed about the case,
including settlement offer and returning phone calls (duty to communicate to your
clients).
If a settlement offer is made to joint clients, you must convey the offer to all and
make sure they agree on the division of the settlement before accepting.
E. Duty of diligence. You have a duty to diligently, promptly and zealously pursue your
case to completion.
F. Duties on withdrawal from representation. There are three ways to leave a case
before the matter is resolved.
Typical problems are if your physical or mental shape renders you incompetent, or
if continuing would require assisting in a crime.
Attorney Vinny tells Bud that his research shows that Buds got no viable
malpractice claim against his doctors. Bud insists that Vinny continue, saying, I
dont care if I dont win, I just wanna make those scum pay their lawyers as much
as I paid dem. Must Vinny withdraw? Yes. Knowing pursuing a frivolous claim
violates the duty of candor and fairness. Rule 11 kicks in too if you are in the
federal system.
If the client is using your services to commit a crime or fraud, you must
withdraw.
3. Permissive withdrawal. You may withdraw from a case if you convince the court
there is good cause, or if its F.A.I.R. under ABA Rules because your client:
a. Financially burdens you (*In CA, financial burden is not grounds for
permissive withdrawal, although breach of a contract to pay expenses or fees
is.)
b. Acts illegally, or has used your services to commit a past crime or fraud.
(*In CA, use of your services to commit a past crime, is not grounds for
permissive withdrawal.)
d. Refuses to fulfill an obligation to you after you warned him youd withdraw
if he didnt comply.
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The court may deny you withdrawal or the client a substitute attorney if it
would cause undue delay or disruption.
G. Other Duties. Be reasonable and sensible. E.g., CA Rule 3-120: Sexual relations
with clients (heavily regulated in California).
B. The basic idea. A state can regulate attorney advertising and solicitation subject to
the lawyers Constitutional right to free speech. This is protected under the limited
commercial doctrine of the First Amendment.
A state Bar rule prohibits lawyers from using direct mail to solicit personal
injury or wrongful death clients within 30 days of an accident. Stewart, the
sole owner of Went For It lawyer referral service, sued the Bar for the
alleged right to go for it early and often. Is the restriction Constitutional? Yes,
if:
3. It is narrowly tailored.
Ally advertises that she prepares simple wills for $300. However, 95%
of the wills she writes involve complications that require additional
fees. Is her ad misleading? Yes.
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2. Claims of legal specialties. You can explain your fields of practice, such as
practice limited to federal courts. You may not advertise claims of specialization
unless you are a certified specialist that has earned a certificate in a specific legal
subject issued by:
3. Advertising must not harass or solicit someone who has indicated that she wants
to be left alone. Targeted direct mail is OK, but must meet exact guidelines for
labeling as Advertising Material.
1. The rule, with built-in exceptions: Do not seek professional employment for
pecuniary gain by initiating a live, telephone or real-time electronic contact with a
prospective client with whom you have no prior professional, personal or family
relationship.
2. Runners and cappers (agents) cant do anything that a lawyer cant do.
Your Criminal Law professor fails to get tenure. He hires you, his former
student research assistant, to hand out his business cards to unrepresented
criminal defendants in the courthouse hallways, offering to represent them for
fees. OK? No, this is a solicitation by an agent.
3. Payments (anything of value) for referrals are not allowed, except for:
Fee splitting with other lawyers under CA rules (sect. V.A.4. above), or
Small, ordinary fees paid to authorized lawyer referral services.
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fraud, deceit, or misrepresentation. Even within our adversarial system these duties
generally create an ethical obligation that can override conflicting duties of loyalty to
your client and preservation of his confidences.
B. Duty to present facts and evidence truthfully. You must refuse to make a false
statement of material fact or offer evidence you know is false to a tribunal or fail to
correct a false statement of material fact or law that you previously made or presented to
the tribunal.
If the matter is a civil case, you must refuse to call the client as a witness
if you know he intends to perjure himself.
However, criminal defendants have a 5th Amendment right to testify on
their own behalf and a 6th Amendment right to the effective assistance of
counsel. Counsel also has an ethical obligation to protect her clients
confidences. How do you balance these rights?
Ted tells you that he intends to testify falsely that he has never owned a
typewriter to type manifestos against technology. What should you do? Take
reasonable remedial measures.
a. Counsel Ted to testify truthfully or not to take the stand, then if that
fails, try to withdraw from the case.
c. ABA Model Rule (strong majority): tell the judge. The Constitutional
right to counsel and the duty of confidentiality do not protect perjury.
What if, only after the proceeding ends, Ted tells you that he lied? Take
reasonable remedial measures along the lines above, but your duty ends with
the proceeding (after the time for appeal has run).
Teds brother intends to testify for him about his whereabouts during one of the
eyewitness sightings of the alleged bomber. The morning of his testimony you
discover that he intends to lie and state that Ted was with him across the country
that day. If he refuses your counsel to testify truthfully, what do you do? Refuse to
put him on the stand.
If you have a reasonable belief, but some doubt, as to the falsity of the testimony,
the rule is permissive.
1. Basic idea. You must not suppress any evidence that you or your client has a
legal obligation to reveal or produce, regardless of your duty of loyalty. You may
not obstruct access to, or tamper with fruits or instrumentalities of a crime.
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Your client fears he will be indicted for tax fraud. He brings a ledger to your
office claiming that the information in it could put him away forever and
asks you to get rid of it in case authorities search his office. You cannot
unlawfully destroy, conceal or alter evidence, or obstruct another partys
access to evidence, or counsel anyone to do so.
Erik brings you a shotgun saying he used it to kill his father. He is charged
with murder, and you are served a subpoena for the production of physical
evidence received from your client. Must you turn over the gun? Yes, its not
insulated by your confidential client communication.
May you disclose what Erik told you about the gun? No. Tip: Draw a bright
line b/w physical E and confidential information!!!
Neo comes to Attorney Morphius office with a kilo of cocaine and $100,000
cash as a retainer. He tells Morphius that hes been selling it and needs legal
help. What must Morphius do with the drugs? Deliver them to the authority
(police or DA) because he is reasonably certain they are contraband.
May Morphius disclose what Neo told him about selling the cocaine? No, this
is confidential.
What if Erik told you that he threw the emptied gun into the bushes behind his
house? Your investigator finds it but leaves it untouched. Must you tell the
police about it? No, you can look but dont touch.
If your investigator retrieves the gun and examines it, must she then give it to
the police? Yes. May she also be compelled to testify where she found it? Yes,
because an attorney or his agent may be compelled to testify as to the original
location or condition of evidence that he moved or altered.
May you reveal the source of the information about its location? No, because
thats confidential.
A lawyer may retain evidence for a reasonable time to prepare his clients
case, e.g., to conduct tests so long as they will not alter or destroy the
evidence.
3. Ex parte proceedings are unusual communications with the judge outside of the
presence of your adversary. Your ethical duties of candor to the court and fairness
to your adversary require you to reveal relevant information, overriding the normal
presumption that you not volunteer facts harmful to your clients case.
D. Duty to state the law truthfully. Knowingly making a false statement of law to the
court is subject to discipline. You have an obligation to be candid about the law, and a
duty to cite adverse authority, if its from a controlling jurisdiction and directly on point.
Presenting frivolous claims or defenses is unethical and subject to discipline.
1. Preventing your client from causing death or seriously bodily injury. Some
jurisdictions mandate disclosure of facts to prevent death; under the ABA rules and
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2. Your assistance in a crime. You have no duty to reveal a clients fraud or crimes
causing substantial financial loss.
1. Communication with adversaries and third parties. You must not make false stmt
of fact to people or mislead them as to your interests. You must not violate the legal
rights of a person in order to obtain evidence, or use means with no purpose but to
delay, burden or embarrass them.
Your client claims that Beatrice Corp. negligently disposed of its industrial
byproducts, polluting public water supplies and giving her child a deadly
leukemia. Must you have Beatrices corporation counsels consent before you
interview its site manager? Yes. Consent is required for interviews of anyone
who supervises or regularly consults with the organizations lawyer, who has
authority to obligate the organization, or whose conduct may be imputed to the
organization.
Must you have consent before interviewing a line worker who no longer works
for the company? No, although care should be taken to protect the
organizations rights, e.g., protecting attorney-client privilege.
The defendants right to a fair trial is balanced against the press and publics right
to know. You and your agents must avoid out of court statements that you
reasonably should know have a substantial likelihood of materially prejudicing the
case.
Exceptions are for matters in the public record or routine booking information,
warning the public, informing them of an ongoing investigation or asking for help,
and (c) statements required to protect your client from substantial undue prejudice
from recent publicity not self-initiated.
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The basic duty of a prosecutor is to seek justice, not just to win cases. Prosecutors
have higher ethical obligations than criminal defense or civil attorneys. Among
other duties, they must:
Before and during trial you must not talk to any prospective or empaneled
juror. After the trial is over, if local law permits, you may interview jurors so
long as you do not harass tem or influence their future jury service.
1. You have an affirmative duty to expedite cases. *CA states that lawyers must not
delay to harass an adversary, or for their own personal gain or convenience.
2. You have a duty to follow valid procedural rules or court orders, unless you are
making a good faith challenge to their validity. You must not abuse or obstruct
discovery.
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These rules generally require the lawyer register with the CA Bar, pay dues,
satisfy continuing legal education requirements, and be subject to CA ethics
rules. Additional details apply to each category, e.g., a legal services attorney
cannot have taken and failed the CA Bar within the previous five years).
3. Reporting misconduct. The general ABA rules require a lawyer to report any
other lawyer or judges violation of the Rules if it raises a substantial question as to
that lawyers honesty, trustworthiness, or fitness as a lawyer.
*CA does not require this, but instead requires self reporting of the lawyers
being charged with a felony, found civilly liable for fraud or breach of
fiduciary duty, disciplined in another jurisdiction, and other difficulties.
C. Inaction. In CA, you can be disciplined for merely knowing about a fellow firm
members disciplinary violation and doing nothing to prevent it.
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