Advocacy Flashcards

During trial, an attorney learns that her client has offered false testimony. The client refuses to correct it. Under Rule 3.3, what must the attorney do?

Answer: Take reasonable remedial measures, including disclosure to the tribunal if necessary

Rule 3.3(b) requires a lawyer to take reasonable remedial measures when a client has offered false material evidence, including disclosure to the tribunal if the client refuses to correct it.

A prosecutor discovers exculpatory DNA evidence after a defendant has been convicted. The defendant is still serving his sentence. What is the prosecutor's obligation under Rule 3.8(d)?

Answer: Promptly disclose the new evidence to the defendant

Rule 3.8(d) requires a prosecutor who knows of new, credible, and material evidence creating a reasonable likelihood of wrongful conviction to promptly disclose it to the defendant.

An attorney files a motion that has no legal merit but is filed solely to delay proceedings and inconvenience opposing counsel. This violates which rule?

Answer: Both Rule 3.1 and Rule 3.4

Filing meritless motions violates Rule 3.1 (meritorious claims) and Rule 3.4(d) (prohibiting frivolous tactics that delay or burden the opposing party).

A defense attorney in a criminal case wants to call a witness she knows will perjure herself to provide her client an alibi. What must the attorney do?

Answer: Refuse to call the witness and take steps to prevent the perjury

Under Rule 3.3, an attorney must not knowingly offer false evidence and must refuse to call a witness the lawyer knows will commit perjury.

An attorney sends a letter to a juror after a verdict thanking the juror for service and asking about the juror's experience during deliberations. This conduct violates which rule?

Answer: Rule 3.5, which restricts post-verdict communication with jurors who have expressed unwillingness to communicate

Rule 3.5(c) prohibits post-verdict communication with a juror if the juror has made known a desire not to communicate or if the communication involves misrepresentation, coercion, or harassment.

During closing argument, a prosecutor vouches for the credibility of a key witness by stating, 'I personally know this officer never lies.' This conduct:

Answer: Violates Rule 3.4(e) as an improper personal opinion about witness credibility

Rule 3.4(e) prohibits a lawyer from asserting a personal opinion about the credibility of a witness during trial.

A lawyer is both a necessary witness and an advocate in a civil case. Under Rule 3.7, which of the following is most accurate?

Answer: The lawyer is generally prohibited from acting as advocate and must withdraw unless an exception applies

Rule 3.7(a) generally prohibits a lawyer from acting as advocate at a trial where the lawyer is likely to be a necessary witness, subject to three narrow exceptions.