All flashcards

60 cards

1Is a lawyer prohibited from bringing or defending a claim, or from asserting or contesting an issue, without a nonfrivolous basis in law and fact for doing so?
2In representing a criminal defendant, does a lawyer violate the rule against making frivolous assertions if the lawyer requires proof of every element of the case against the defendant?
3A lawyer represented a defendant in a criminal robbery trial. The prosecution introduced video evidence that clearly showed the defendant’s face as he robbed a convenience store. The lawyer was aware that the video accurately depicted his client’s commission of the crime.May the lawyer properly argue that the person on the video is not his client?
4If a lawyer files an action or asserts a defense before fully substantiating the facts, or if the lawyer expects to develop the facts further through discovery, is the action or defense necessarily considered frivolous?
5Does a lawyer necessarily violate the rule against making frivolous allegations if the lawyer brings a claim or makes an assertion that is unsupported by existing law?
6Does a lawyer violate the rule against making frivolous allegations merely by bringing a claim or making an assertion that she believes will not succeed?
7A client wanted to sue his neighbor for intentional trespass for allowing the neighbor’s dog to wander onto the client’s property. The lawyer researched the claim and determined that he could technically argue in good faith that the dog’s wandering amounted to intentional trespass, but the lawyer felt strongly that the case would not succeed before a jury. May the lawyer bring suit against the neighbor for intentional trespass?
8Is a lawyer required to make reasonable efforts to expedite litigation consistent with the client’s interests?
9If a client stands to benefit financially or otherwise from a lawyer’s delay in litigation, is this a legitimate interest of the client that will justify the lawyer’s actions?
10May a lawyer sometimes seek to postpone or delay the progress of litigation for the lawyer’s own personal reasons?
11May a lawyer fail to expedite litigation as a way to frustrate an opposing party’s attempt to obtain a lawful remedy or repose?
12A lawyer represented a client in a divorce. The client and his wife agreed on a settlement, and all that remained was for the parties to sign the settlement documents. The client then learned that his wife had recently become engaged to be married. The client was angry at this development and instructed the lawyer to delay the proceedings indefinitely to prevent finalizing the divorce and thereby prevent the wife from remarrying.May the lawyer follow the client’s instructions to delay the proceedings?
13A lawyer was representing a client on a criminal robbery charge. On the day of trial, the lawyer’s wife went into labor and was hospitalized. If the trial had to be rescheduled, it would not take place for another nine months because of the court’s very full trial schedule. The lawyer was a generally diligent attorney who had not previously asked the court for delays or postponements.May the lawyer properly seek a postponement of the trial?
14Under the Model Rules of Professional Conduct (MRPC), what is a tribunal?
15Under the MRPC, does the word knowingly mean with actual knowledge?
16May a lawyer knowingly make a false statement of fact or law to a tribunal?
17Does a lawyer’s duty of candor to the tribunal extend to matters conducted outside of the courtroom but in connection with the tribunal’s authority?
18Is a lawyer required to disclose to the tribunal any controlling legal authority that the lawyer knows to be directly adverse to her client’s position and not disclosed by opposing counsel?
19May a lawyer knowingly fail to correct a false statement of material fact or law previously made by the lawyer to a tribunal?
20May a lawyer knowingly offer evidence that the lawyer knows to be false?
21May a lawyer refuse to offer evidence, other than a criminal defendant’s testimony, if the lawyer reasonably believes that the evidence is false?
22May a lawyer refuse to offer a criminal defendant’s testimony based on the lawyer’s reasonable belief that the testimony will be false?
23If a lawyer learns that the lawyer, a witness called by the lawyer, or the lawyer’s client has offered false material evidence to a tribunal, must the lawyer take reasonable measures to remedy the falsehood?
24At what point in a proceeding does a lawyer no longer have a duty to correct false evidence or false statements made to the tribunal?
25Must a lawyer in an adjudicative proceeding take reasonable remedial measures if the lawyer knows that the client intends to engage, is engaging, or has engaged in criminal or fraudulent conduct related to the proceeding?
26In response to a proper discovery request in litigation, a lawyer instructed her client to turn over all email communication related to the dumping of toxic waste. During the subsequent trial, the lawyer learned that the client had altered some emails before turning them over to the opposing party. These alterations changed the facts contained in the emails, and by doing so made the emails appear to favor the client instead of favoring the opposing party. The emails had not yet been placed in evidence.Is the lawyer required to take reasonable remedial measures to rectify the client’s conduct?
27Does a lawyer’s duty of candor to the tribunal apply even if compliance would require the lawyer to disclose matters that would otherwise be subject to the lawyer’s duty of confidentiality?
28In an adversarial proceeding, must a lawyer inform the tribunal of arguments that disfavor the lawyer’s position, even if the opposing party has not done so?
29What is an ex parte proceeding?
30In an ex parte proceeding, must a lawyer inform the tribunal of all material facts known to the lawyer, even if those facts are adverse to the lawyer’s position?
31May a lawyer unlawfully obstruct another party’s access to evidence or advise or assist another person to do so?
32A lawyer was representing a client in a tax dispute. Opposing counsel sent a lawful discovery request asking for all documents related to the tax dispute. While going through papers gathered from the client’s home office, the lawyer found documents that potentially had evidentiary value relevant to the tax dispute. The lawyer realized that the papers were adverse to the client’s position. The lawyer hid the papers in an air vent, intending that they not be revealed to the opposing party. Has the lawyer engaged in prohibited conduct?
33May a lawyer falsify evidence?
34A lawyer represented a defendant in a criminal case. The defendant did not have an alibi witness, i.e., someone to testify that the defendant was not present at the scene of the crime. The lawyer knew that the defendant was home alone at the time of the crime. The lawyer met with the defendant’s girlfriend and explained to her the defendant’s need for an alibi. The girlfriend asked the lawyer whether the lawyer wanted her to testify that she was home with the defendant at the time of the crime. The lawyer replied, “Yes, if you think it’s the right thing to do.”Was the lawyer allowed to counsel the defendant’s girlfriend to testify falsely?
35May a lawyer offer a witness any inducement or compensation that is prohibited by law?
36In general, may a lawyer knowingly disobey an order or other obligation imposed by a tribunal?
37May a lawyer make a frivolous discovery request or fail to make reasonably diligent efforts to comply with another party’s legitimate discovery request?
38At trial, may a lawyer refer to any matter that the lawyer does not reasonably believe to be relevant or supportable by admissible evidence?
39At trial, may a lawyer state his personal opinion as to the virtue of a cause, a criminal defendant’s guilt or innocence, a witness’s credibility, or a civil litigant’s culpability?
40In general, may a lawyer ask a person other than a client to refrain from voluntarily giving relevant information to another party?