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 f...
2In representing a criminal defendant, does a lawyer violate the rule against making frivolous assertions if the lawyer requires proof of every elem...
3A lawyer represented a defendant in a criminal robbery trial. The prosecution introduced video evidence that clearly showed the defendant’s face as...
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...
5Does a lawyer necessarily violate the rule against making frivolous allegations if the lawyer brings a claim or makes an assertion that is unsuppor...
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...
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...
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 j...
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 s...
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...
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 posit...
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 ...
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, o...
26In response to a proper discovery request in litigation, a lawyer instructed her client to turn over all email communication related to the dumping...
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...
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...
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 lawy...
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 d...
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 n...
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 req...
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, ...
40In 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?
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 i...
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 proceedin...
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...
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...
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 adjud...
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 ...
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...
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...
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, t...
All flashcards
60 cards