PR - Barfield

PR - Barfield - Professional Responsibility Outline I. II....

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Professional Responsibility Outline I. Law, Lawyers, and Ethics A. Four General Areas 1. prohibited assistance 2. conformity 3. confidentiality 4. conflicts B. Major Attempts to Codify Ethics Rules 1. 1908- canons published 2. 1969- Model Code of Professional Responsibility 3. 1983- Model Rules of Professional Conduct 4. 2000- ABA appoints Ethics 2000 Commission to make changes in rules C. Spaulding v. Zimmerman (1962)- does party have duty to disclose adverse evidence to the court when presenting a settlement agreement? 1. P suing D for car accident; doctor for D examines P and finds P has aneurysm that has gone unnoticed, but will be hurt D’s case 2. court vacates settlement b/c D has withheld relevant information when presenting settlement agreement to court 3. absent fraud, court usually won’t void settlement b/c of w/holding of adverse evidence from court D. Rules 1. MR 3.3(a)(1) - lawyer cannot make false statement to court or fail to correct a false statement of material fact 2. MR 3.3(a)(2) - lawyer must disclose adverse authority to the tribunal if it is controlling in the jurisdiction and has not been disclosed by opposing counsel 3. MR 3.3(a)(3) - if your witness/client testifies falsely, and you know it is false, you must- a. remonstrate with witness/client and tell them that you have obligation to get the testimony corrected b. if the witness won’t remedy the situation, you must withdraw b/c it is an ethical breach to continue with known false testimony on the record c. if withdrawal is not possible or will not remedy the situation, the advocate must make disclosure to the court as is reasonably necessary to remedy the situation; this disclosure is made even if it does break duty of confidentiality E. Commonwealth v. Stenhach (1986)- does atty have duty to turn over evidence it has obtained through communications with his client? 1. D lawyers knew where murder weapon was; they went and got it, but didn’t turn it over to prosecution 2. rule- lawyers can examine a piece of evidence for a reasonable amount of time then return it to its source unaltered; if they don’t return it, they must turn it over to other side 3. however, the information that was received from client that led to its discovery is privileged II. Conformity to the Law A. Rules 1. MR 1.2(d) - atty shall not counsel a client to engage in, or assist a client in crime or fraud; but, atty may counsel client in legal consequences of actions; requires actual knowledge ; three instances where the lawyer is not liable civilly to client or non-client- a. defamation to the other party during trial b. if the client urges the lawyer to maliciously prosecute a non-client, usually no liability to non-client c. if lawyer urges client to break a contract
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2. MR 4.1(a) - in course of representing client, an atty shall not knowingly make a false statement of material fact to a third party 3. MR 4.1(b) - atty shall not fail to disclose a material fact that would be necessary to avoid committing crime or fraud by client, unless the material fact is
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PR - Barfield - Professional Responsibility Outline I. II....

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