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Fed. R. Civ. P. 11; Model Rules of Prof’l Conduct r. 3.1 cmt. 2 (Am. Bar Ass’n 2016).
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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 f...
Is 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 elem...
In 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...
A 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 throu...
If 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 unsuppor...
Does 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 su...
Does 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 resea...
A 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?
Is 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 j...
If 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?
May 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?
May 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 s...
A 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 th...
A 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?
Under the Model Rules of Professional Conduct (MRPC), what is a tribunal?15Under the MRPC, does the word knowingly mean with actual knowledge?
Under 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?
May 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?
Does 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 posit...
Is 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?
May 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?
May 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?
May 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?
May 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 ...
If 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?
At 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, o...
Must 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...
In 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 subjec...
Does 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 no...
In 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?
What 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 lawy...
In 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?
May 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 d...
A 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?
May 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 n...
A 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?
May 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?
In 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 req...
May 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?
At 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, ...
At 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?
In general, may a lawyer ask a person other than a client to refrain from voluntarily giving relevant information to another party?41In general, at trial, may a lawyer assert that she has personal knowledge of the facts in issue?
In 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?
May 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?
May 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 i...
A 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?
If 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?
Under 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 proceedin...
In 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 l...
A 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?
What 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...
Under 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?
What 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 adjud...
What 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?
What 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?
Do 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 ...
Despite 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 cli...
A 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. T...
A 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?
In 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?
In 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, t...
A 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?