All flashcards

60 cards

41In general, at trial, may a lawyer assert that she has personal knowledge of the facts in issue?
42May a lawyer seek to influence a judge, juror, prospective juror, or other official by unlawful means?
43May a lawyer engage in conduct that is intended to disrupt a tribunal?
44A lawyer’s client was being deposed by opposing counsel. The lawyer was concerned that opposing counsel was going to elicit truthful but damaging information from the client. In an effort to distract the opposing counsel from her line of questioning, the lawyer began objecting to opposing counsel’s questions without having a legal basis to do so. Did the lawyer’s unfounded objections constitute professional misconduct?
45If a lawyer believes a judge is abusing his authority, may the lawyer reciprocate in an effort to zealously represent her client?
46Under what circumstances is a lawyer prohibited from communicating with a juror or prospective juror after the jury has been discharged?
47In general, is a lawyer permitted to engage in ex parte communications with a judge, juror, prospective juror, or other official during a proceeding before a tribunal?
48A lawyer arrived at the courthouse for the third day of his client’s trial and saw one of the jurors from the trial in line at a coffee cart. The lawyer joined the line and began chatting with the juror about how nice the lawyer’s client was. Has the lawyer committed professional misconduct?
49What is an extrajudicial statement?
50Under what circumstances is a lawyer prohibited from making extrajudicial statements regarding the investigation or litigation of a matter in which the lawyer is participating or has participated?
51What topics do the MRPC specify as being especially likely to prejudice a proceeding when made the subject of extrajudicial statements?
52What kinds of extrajudicial statements do the MRPC expressly allow a lawyer to make if the lawyer is participating or has participated in the adjudication or investigation of a matter?
53What types of extrajudicial statements do the MRPC expressly allow a lawyer to make in a criminal case, in addition to those allowed in other matters?
54Do the MRPC impose special ethical duties on prosecutors regarding extrajudicial statements?
55Despite the general restrictions on extrajudicial statements, may a lawyer make a statement that is reasonably necessary to counteract prejudicial publicity that was not initiated by the lawyer or the client?
56A lawyer represented a client in a high-profile murder case. A national television news reporter had been following the case and had called the client a “filthy murderer” during several broadcasts. Subsequently, the lawyer appeared on another national news show and emphatically stated that the client was not a murderer and that this would be proven at trial. There was a substantial likelihood that the lawyer’s statement might prejudice potential jurors in the case.Was the lawyer allowed to make this extrajudicial statement?
57A lawyer was representing a class of plaintiffs against a business for injuries caused by the business’s alleged unlawful dumping of toxic waste. The lawyer held a press conference stating that he had filed a civil case against the business on behalf of the class of plaintiffs based on the business’s dumping of toxic waste. The lawyer asked the public for assistance in obtaining any evidence that might be helpful to the plaintiffs’ claims. Was the lawyer’s public statement permissible?
58In general, is a lawyer permitted to act as an advocate at a trial in which he will likely be a necessary witness?
59In general, may a lawyer act as an advocate in a trial in which another lawyer in her firm is likely to be called as a witness?
60A lawyer had been representing the plaintiff in a trial that was the culmination of a 10-year-long, complex patent dispute. Shortly before trial, the defendant accused the plaintiff of using the lawyer’s work to engage in a fraud. The defendant raised the fraud accusation as a last-minute issue for the trial. To counteract the defendant’s allegation, the plaintiff’s lawyer must likely testify as a witness at trial. Is the lawyer likely to be able to testify while continuing to represent the plaintiff?