John Steele, Attorney at Law
John Steele Attorney at Law (USA) © John Steele 2010
The Lawyer’s Balance 4/30/ The ACR vs. Duties to society
Client Attorney Representative of client Courts Exec. Branch Legislature Public Markets Private Markets Private Life Adversaries Non-adversary Third Parties Attorney- Client Relationship ACR Roles: Litigator; Advisor; Negotiator; Evaluator Fiduciary Duties Fees Decisions
4/30/ Kinds of Litigators
Rules for all Litigators 4/30/ Rules Rule 3.9 (Rule 3.8 is just for prosecutors) (Some text, such as in 3.1, applies only to defense lawyers)
Prosecutors and Defenders 4/30/2015 7
8 2 The Rules
3.1: Meritorious Claims 4/30/ Law and Fact Not “frivolous” Extension, modification, reversal Merits can await discovery Criminal defense?
3.2: Expediting Litigation 4/30/ “Make reasonable efforts” “Consistent with the interests of the client” “Some purpose other than delay” “Benefitting from improper delay is not a legitimate client interest”
3.3: Candor to the Tribunal 4/30/ False statement of fact or law (3.3(a)(1)) Governing legal authority (3.3(a)(2)) Evidence known or believed to be false (3.3(a)(3)) Criminal/fraudulent conduct (3.3(b)) Remedial duties (3.3(c)) Ex parte duties (3.3(d))
3.4: Fairness to Opponents 4/30/ Access to evidence False evidence Disobey tribunal Frivolous discovery conduct Trial conduct Urge witnesses from speaking to opponent (w/ some exceptions)
3.5: Respecting the Tribunal 4/30/ Improper influence (judge, jury, etc.) Ex parte communications Communicate with jury after verdict (unless permitted) Disruption of tribunal
3.6: Trial Publicity 4/30/ Prejudicing the proceeding (3.3(a)) Some facts may be stated (3.3(b)) Responding in kind (3.6(c)) Binds all lawyers at the firm (3.3(d))
3.7: Lawyer as Witness 4/30/ Can’t be advocate and witness, unless: Uncontested issue Nature/value of legal services rendered Disqualification would be unfair Another lawyer in the firm may be the advocate
3.8: Special Duties of Prosecutor 4/30/ (a) supported by probable cause (b) protect accused’s right to obtain counsel (c) don’t obtain from unrepresented accused a waiver of important rights
3.8: Special Duties of Prosecutor 4/30/ (d) disclose exculpatory evidence; at sentencing, disclose mitigating evidence (e) limits on subpoenaing lawyers to testify against clients (f) don’t heighten public condemnation of the accused
3.8: Special Duties of Prosecutor 4/30/ (g) duty upon learning of reasonable likelihood that convicted defendant did not commit crime (h) duty upon learning of clear and convincing evidence that a convicted defendant in the prosecutor’s jurisdiction did not commit the offense
3.9: Non-adjudicative Proceedings 4/30/ Disclose your representative capacity Comply: 3.3(a)-(c) Comply: 3.4(a)-(c) Comply: 3.5
4/30/ www. john steele law.com