Legal Ethics & Professional Responsibility Flashcards

After a client testifies at trial, defense counsel learns the testimony was materially false. Under Model Rule 3.3, counsel must:

Answer: Take reasonable remedial measures, including disclosure to the tribunal if necessary

Rule 3.3(a)(3) and (c) require reasonable remedial measures, including disclosure, even if it reveals Rule 1.6 information.

Under Model Rule 3.3(a)(2), a lawyer must disclose legal authority to the tribunal when it is:

Answer: Directly adverse controlling authority not disclosed by opposing counsel

Lawyers must disclose known directly adverse authority in the controlling jurisdiction that opposing counsel has not disclosed.

In an ex parte proceeding, Model Rule 3.3(d) requires the lawyer to:

Answer: Inform the tribunal of all material facts known to the lawyer, whether or not adverse

Because there is no opposing party present, Rule 3.3(d) requires disclosure of all material facts so the tribunal can make an informed decision.

Under Model Rule 3.6, which extrajudicial statement may a lawyer generally make about a pending criminal case?

Answer: Information contained in a public record

Rule 3.6(b)(2) safe harbor permits stating information contained in a public record.

Under Model Rule 3.8(d), a prosecutor must timely disclose to the defense:

Answer: Evidence that tends to negate guilt or mitigate the offense

Rule 3.8(d) requires timely disclosure of exculpatory and mitigating evidence known to the prosecutor.

A lawyer is likely to be a necessary witness at trial on a contested fact. Under Model Rule 3.7, which is correct?

Answer: Another lawyer in the same firm may act as trial advocate absent a Rule 1.7 or 1.9 conflict

Rule 3.7(b) permits other firm lawyers to try the case unless precluded by Rule 1.7 or 1.9.

Plaintiff's lawyer is suing a corporation represented by counsel. Under Model Rule 4.2, whom may plaintiff's lawyer contact without the corporation's counsel's consent?

Answer: A former employee who witnessed the incident

Comment 7 to Rule 4.2 states that consent is not required to communicate with a former constituent of the organization.