Review:
Prospective clients are to be treated like former clients
Former clients can waive any conflict, while current clients cannot waive all
conflicts
3 Opinions represented in reading --- What is right?
-Interviewing Witness who is truthful, but can be discredited
-Taking advantage of a Negotiating Situation
-Do you prolong trial or advocate when a statute of limitation exists
Advocacy should be gagged based on the situation and done in a tone that will
get the best results --- zealously is not always needed
Obligations to others (lawyers, judges, jury)
Emphasis that facts need to be independently verified, before a case can be
filed. This ensures your obligation to others is met.
How much information do you gather or research before filing? Have to know
statute of limitations --- there is some leniency in this. In 8-1 employment
records would not be required until discovery.
Note in 3.1, paragraph 3 creates a subjective test.
Facevalue of a document is not acceptable, should possibly raise flags that more
research needs to be done.
Honesty --- 8.4 --- no occupational limits on this rule
Have to disclose laws to others, but not facts. Again reason for this is to
encourage client to share all the facts with their lawyers.
There is an exception for disclosing facts in ex parte proceedings (single sided
case) --- have to disclose all the facts. Example of this is a restraining
order.
There is no statute of limitations on disclosing if false testimony has
occurred.
Half truths are okay, because not a false statement.
Exception to omitting facts, you have to reveal all facts under the advertising
rule 1.7. However this is not in trial. Why okay - client trust!
System is okay with coaching a witness to assist system. There are no limits,
except for false testimony.
Will cover 3.4 on in the next class.
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