R 3.4 - Fairness to Opposing Party & Counsel Flashcards
What shall an attorney not do in regard to evidence?
Anything thing that might have an evidentiary value, an attorney shall not obstruct another from accessing it. An attorney shall not instruct another to do same. An attorney shall not also falsify evidence.
What shall an attorney not do in regard to rules of a tribunal?
An attorney shall not knowingly disobey a rule of a tribunal, but may disobey it when such rule does not exist.
What shall an attorney not do in regard to pretrial procedures, e.g., discovery?
An attorney shall not fail to comply to a lawful discovery request or make a frivolous discovery request.
What shall an attorney not do at trial in regard to evidence?
- The attorney shall not lead to evidence that will not reasonably be relevant be admissible.
What shall the attorney not do when a request from a person other than a client regarding disclosure of relevant information?
The attorney shall not request a person that is not the client from voluntarily giving relevant information to other party. But may do so if the person is a relative or an employee or other agent of a client and the attorney reasonably believes that person’s interest will not be adversely affected.
Is it proper for an attorney to pay for a expert witness/witness’ expenses in regard to testifying in court on a matter?
Yes, it is proper.
When is it improper to pay a witness or expert witness for testifying?
It is improper to pay the witness to testify in court and it is improper to pay an expert witness a contingency fee.
If the law allows for an expert witness to be paid out of a contingency or a witness to be paid to testify, would the attorney be subject to discipline if the attorney agrees the form of payment?
No, so long as the law allows it.
At trial, may an attorney make personal opinions about a case?
No.
At trial, may an attorney state any personal knowledge?
No.
