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