1. John Steele, Attorney at Law www.johnsteelelaw.com

2. John Steele Attorney at Law www.johnsteelelaw.com john.steele@johnsteelelaw.com 650-320-7662 (USA) © John Steele 2010

3. The Lawyer’s Balance 4/30/2015 3 The ACR vs. Duties to society

4. 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

5. 4/30/2015 5 1 Kinds of Litigators

6. Rules for all Litigators 4/30/2015 6  Rules 3.1 - 3.7  Rule 3.9  (Rule 3.8 is just for prosecutors)  (Some text, such as in 3.1, applies only to defense lawyers)

7. Prosecutors and Defenders 4/30/2015 7

8. 8 2 The Rules

9. 3.1: Meritorious Claims 4/30/2015 9  Law and Fact  Not “frivolous”  Extension, modification, reversal  Merits can await discovery  Criminal defense?

10. 3.2: Expediting Litigation 4/30/2015 10  “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”

11. 3.3: Candor to the Tribunal 4/30/2015 11  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))

12. 3.4: Fairness to Opponents 4/30/2015 12  Access to evidence  False evidence  Disobey tribunal  Frivolous discovery conduct  Trial conduct  Urge witnesses from speaking to opponent (w/ some exceptions)

13. 3.5: Respecting the Tribunal 4/30/2015 13  Improper influence (judge, jury, etc.)  Ex parte communications  Communicate with jury after verdict (unless permitted)  Disruption of tribunal

14. 3.6: Trial Publicity 4/30/2015 14  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))

15. 3.7: Lawyer as Witness 4/30/2015 15  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

16. 3.8: Special Duties of Prosecutor 4/30/2015 16  (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

17. 3.8: Special Duties of Prosecutor 4/30/2015 17  (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

18. 3.8: Special Duties of Prosecutor 4/30/2015 18  (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

19. 3.9: Non-adjudicative Proceedings 4/30/2015 19  Disclose your representative capacity  Comply: 3.3(a)-(c)  Comply: 3.4(a)-(c)  Comply: 3.5

20. 4/30/2015 20 www. john steele law.com