Quick Review

Question 1

Do you have a duty to volunteer facts that might help the other side?

Answer 1

No, but in ex parts proceedings, you must inform he court of all material facts that will enable it to make an informed decision.

Question 2

May you pay the reasonable fees of an expert witness?

Answer 2

Yes, but such fees must never be contingent on the content of the testimony or the outcome of the case.

Question 3

May you limit your malpractice liability in advance?

Answer 3

Yes, if client is independently represented in making the agreement.

Question 4

May a judge testify as a character witness?

Answer 4

Generally no, but can do so if summoned to testify

Question 5

List the situations in which each applies:

1. Informed consent
2. Informed consent/agreement confirmed in writing
3. Informed consent/agreement in writing signed by client

Answer 5

1. Limiting the scope of representation; third person paying legal fees; providing a materially harmful evaluation of client’s affairs for use by a third person; revealing client’s confidentiality information or using it to disadvantage (unless exception applies or otherwise permitted)
2. Most waivaible conflicts of interest (direct adversity/material limitation, dormer clients & employment, prospective clients, government work, prior involvement in a matter a judge, arbitrator, etc.) *** BUT CERTAIN IMPUTED CONFLICTS CAN BE CURED WITH JUST SCREENING/WRITTEN NOTICE ; fee-splitting arrangement with attorney AT DIFFERENT FIRM
3. Business transaction w/ pecuniary interest adverse to client; aggregate settlement b/w clients; contingent fee agreement

Question 6

May a lawyer representing a client adverse to an organization interview an employee of the organization?

Answer 6

Yes, but the employee must not be a high-ranking official, does not regularly consult the organization’s counsel about the case, and did not commit the conduct at issue (i.e. THEY ARE A WITNESS)

Question 7

Offering evidence that you reasonably believe is false.

Answer 7

You may refuse to offer it unless it is the testimony of a criminal defendant.