Fairness in Litigation

MR 3.5 – p. 88 A lawyer shall not: (a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law; (b) communicate ex parte with such a person during the proceeding unless authorized to do so by law or court order;

CRPC – pp (A)A member connected with a case shall not communicate directly or indirectly with anyone the member knows to be a member of the venire from which the jury will be selected for trial of that case... (E) A member shall not directly or indirectly conduct an out of court investigation of a person who is either a member of the venire or a juror in a manner likely to influence the state of mind of such person in connection with present or future jury service. (F)All restrictions imposed by this rule also apply to communications with or investigations of members of the family of a person who is either a member of the venire or a juror.

MR 3.5 – p. 88 A lawyer shall not: (a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law; (b) communicate ex parte with such a person except as permitted by law;

CRPC (B) – p. 665 During trial a member connected with the case shall not communicate directly or indirectly with any juror.

CRPC 5-320(C) – p. 665 (C) During trial a member who is not connected with the case shall not communicate directly or indirectly concerning the case with anyone the member knows is a juror in the case.

CRPC 5-320(G) – p. 666 (G) A member shall reveal promptly to the court improper conduct by a person who is either a member of a venire or a juror, or by another toward a person who is either a member of a venire or a juror or a member of his or her family, of which the member has knowledge.

MR 5.3 – p. 105 With respect to a non-lawyer employed or retained by or associated with a lawyer: (a) a partner, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer; (b) a lawyer having direct supervisory authority over the non-lawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer;

MR 3.5 – p. 88 A lawyer shall not: (b) communicate ex parte with [a judge, juror, prospective juror or other official] during the proceeding unless authorized to do so by law or court order;

CRPC 5-300(B) – p. 664 A member shall not directly or indirectly communicate with or argue to a judge or judicial officer upon the merits of a contested matter pending before such judge or judicial officer, except: (1) In open court; or (2) With the consent of all other counsel in such matter; or (3) In the presence of all other counsel in such matter; or (4) In writing with a copy thereof furnished to such other counsel; or (5) In ex parte matters.

MR 3.5(c) – p. 88 A lawyer shall not: (c) communicate with a juror or prospective juror after discharge of the jury if: (1) the communication is prohibited by law or court order; (2) the juror has made known to the lawyer a desire not to communicate; or (3) the communication involves misrepresentation, coercion, duress or harassment

CRPC 5-320(D) – p. 666 (D) After discharge of the jury from further consideration of a case a member shall not ask questions of or make comments to a member of that jury that are intended to harass or embarrass the juror or to influence the juror's actions in future jury service.

CRPC 5-320(I) – p. 666 For purposes of this rule, “juror” means any empaneled, discharged, or excused juror.

MR 4.2 – p. 98 In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

CRPC 2-100(A) – p. 633 (A)While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.

MR 4.3 – p. 100 In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding....

MR 4.3 (continued)... The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client.

MR 4.2, com. 7 – p. 100 In the case of a represented organization, this Rule prohibits communications with a constituent of the organization who [1] supervises, directs or regularly consults with the organization’s lawyer concerning the matter or [2] has authority to obligate the organization with respect to the matter or [3] whose act or omission in connection with the matter may be imputed to the organization for purposes for purposes of civil or criminal liability.

CRPC 2-100(B) – p. 633 (B) For purposes of this rule, a party includes: (1) An officer, director, or managing agent of a corporation or association, and a partner or managing agent of the partnership; or (2) An association member or an employee of an association, corporation, or partnership, if the subject of the communication is any act or omission of such person in connection with the matter which may be binding upon imputed to the organization for purposes of civil or criminal liability or whose statement may constitute an admission on the part of the organization.

MR 4.2, com. 7 – p Consent of the organization’s lawyer is not required for communication with a former constituent.

MR 3.4(b) – p. 87 A lawyer shall not: (b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;

CRPC – p. 665 A member shall not: (B) Directly or indirectly pay, offer to pay, or acquiesce in the payment of compensation to a witness contingent upon the content of the witness's testimony or the outcome of the case.

CRPC 5-310, cont. Except where prohibited by law, a member may advance, guarantee, or acquiesce in the payment of: (1) Expenses reasonably incurred by a witness in attending or testifying. (2) Reasonable compensation to a witness for loss of time in attending or testifying. (3) A reasonable fee for the professional services of an expert witness.

MR 3.4(a) – p. 87 A lawyer shall not: (a)unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;

MR 3.4(d) – p. 87 A lawyer shall not: (d) in pretrial procedure, make a frivolous discovery request or fail to make a reasonably diligent effort to comply with a legally proper discovery request by an opposing party;

CRPC – p. 664 A member shall not suppress any evidence that the member or the member’s client has a legal obligation to reveal or produce.

MR 3.5 (b) – p. 88 A lawyer shall not: (b) communicate ex parte with such a person [judge] during the proceeding unless authorized to do so by law or a court order;

CRPC 5-300(B) – p. 664 A member shall not directly or indirectly communicate with or argue to a judge or judicial officer upon the merits of a contested matter pending before such judge or judicial officer, except: (1) In open court; or (2) With the consent of all other counsel in such matter; or (3) In the presence of all other counsel in such matter; or (4) In writing with a copy thereof furnished to such other counsel; or (5) In ex parte matters.

MR 3.6 (a) – p. 89 (a)A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

CRPC 5-120(A) – p. 662 A member who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the member knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

MR 3.5(d) – p. 89 A lawyer shall not: (d)Engage in conduct intended to disrupt a tribunal.

MR 3.4(e) – p. 87 A lawyer shall not: (e)In trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused;

MR 4.4(a) – p. 101 In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

B&P Code 6068 – p. 671 It is the duty of an attorney to do all of the following: (b)To maintain the respect due to the courts of justice and judicial officers.

In re Debra L. Koven 134 Cal. App. 4 th 262 (2005) Lawyer found guilty of criminal contempt for impugning the court’s integrity Lawyer claimed in petition for rehearing: -“The fix is in” before this Division -The court conspired with the defendants -This court “misprepresented the evidence” to manipulate an affirmance -The court was affected by the “Ventura Good- Old Boy factor” Lawyer’s apology to the court was insufficient