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Advocate.
Rule
3.1 Meritorious claims and contentions.
Rule 3.2 Expediting
litigation.
Rule 3.3 Candor
toward the tribunal.
Rule
3.4 Fairness to opposing party and counsel.
Rule
3.5 Impartiality and decorum in the tribunal.
Rule 3.6 Trial publicity.
Rule 3.7 Lawyer as witness.
Rule
3.8 Special responsibilities of a prosecutor.
Rule
3.9 Advocate in nonadjudicative proceedings.
ADVOCATE.
Rule 3.1. Meritorious claims and
contentions.
A lawyer shall not bring or defend a proceeding, or
assert or controvert an issue therein, unless there is a basis for
doing so that is not frivolous, which includes a good faith argument
for an extension, modification or reversal of existing law. A lawyer
for the defendant in a criminal proceeding, or the respondent in
a proceeding that could result in incarceration, may nevertheless
so defend the proceeding as to require that every element of the
case be established.
Rule 3.2. Expediting litigation.
A lawyer shall make reasonable efforts to expedite
litigation consistent with the interest of the client.
Rule 3.3. Candor toward the tribunal.
(a) A lawyer shall not knowingly:
(1) make a false statement of material fact or law to a tribunal;
(2) fail to disclose a material fact to a tribunal when disclosure
is necessary to avoid assisting a criminal or fraudulent act by
the client;
(3) fail to disclose to the tribunal legal authority in the controlling
jurisdic- tion known to the lawyer to be directly adverse to the
position of the client and not disclosed by opposing counsel; or
(4) offer evidence that the lawyer knows to be false. If a lawyer
has offered material evidence and comes to know of its falsity,
the lawyer shall take reasonable remedial measures.
(b) The duties stated in paragraph (a) continue to the conclusion
of the proceeding, and apply even if compliance requires disclosure
of information otherwise protected by Rule 1.6.
(c) A lawyer may refuse to offer evidence that the lawyer reasonably
believes is false.
(d) In an ex parte proceeding, a lawyer shall inform the tribunal
of all material facts known to the lawyer which will enable the
tribunal to make an informed decision. whether or not the facts
are adverse.
Rule 3.4. Fairness to opposing
party and counsel.
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 counselor
assist another person to do any such act;
(b) falsify evidence, counselor assist a witness to testify falsely,
or offer an inducement to a witness that is prohibited by law;
(c) knowingly disobey an obligation under the rules of a tribunal
except for an open refusal based on an assertion that no valid obligation
exists;
(d) in pretrial procedure, make a frivolous discovery request or
fail to make reasonably diligent effort to comply with a legally
proper discovery request by an opposing party;
(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; or
(f) request a person other than a client to refrain from voluntarily
giving relevant information to another party unless:
(1) the person is a relative or an employee or other agent of a
client; and
(2) the lawyer reasonably believes that the person's interests
will not be
adversely affected by refraining from giving such information.
Rule 3.5. Impartiality and
decorum in the tribunal.
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; or
(c) engage in conduct intended to disrupt a tribunal.
Rule 3.6. Trial publicity.
(a) A lawyer shall not make an extrajudicial statement
that a reasonable person would expect to be disseminated by means
of public communication if the lawyer knows or reasonably should
know that it will have a substantial likelihood of materially prejudicing
an adjudicative proceeding.
(b) A statement referred to in paragraph (a) ordinarily is likely
to have such an effect when it refers to a civil matter triable
to a jury, a criminal matter, or any other proceeding that could
result in incarceration, and the statement relates to:
(1) the character, credibility, reputation or criminal record of
a party, suspect in a criminal investigation or witness, or the
identity of a witness, or the expected testimony of a party or witness;
(2) in a criminal case or proceeding that could result in incarceration,
the possibility of a plea of guilty to the offense or the existence
or contents of any confession, admission, or statement given by
a defendant or suspect or that person's refusal or failure to
make a statement:
(3) the performance or results of any examination or test or the
refusal or failure of a person to submit to an examination or test,
or the identity or nature of physical evidence expected to be presented;
(4) any opinion as to the guilt or innocence of a defendant or suspect
in a criminal case or proceeding that could result in incarceration;
(5) information the lawyer knows or reasonably should know is likely
to be inadmissible as evidence in a trial and would if disclosed
create a substantial risk of prejudicing an impartial trial; or
(6) the fact that a defendant has been charged with a crime, unless
there is included therein a statement explaining that the charge
is merely an accusation and that the defendant is presumed innocent
until and unless proven guilty.
(c) Notwithstanding paragraphs (a) and (b) (1-5), a lawyer involved
in the investigation or litigation of a matter may state without
elaboration:
(1) the general nature of the claim or defense;
(2) the information contained in a public record;
(3) that an investigation of the matter is in progress, including
the general scope of the investigation, the offense or claim or
defense involved and, except when prohibited by law, the identity
of the persons involved;
(4) the scheduling or result of any step in litigation;
(5) a request for assistance in obtaining evidence and information
necessary thereto;
(6) a warning of danger concerning the behavior of a person involved,
when there is reason to believe that there exists the likelihood
of substantial harm to an individual or to the public interest;
and
(7) in a criminal case:
(i) the identity, residence, occupation and family status of the
accused;
(ii) if the accused has not been apprehended, information necessary
to aid in apprehension of that person;
(iii) the fact, time and place of arrest; and
(iv) the identity of investigating and arresting officers or agencies
and the length of the investigation. (Amended by order entered June
26, 1990, effective July 1, 1990.)
Rule 3.7. Lawyer
as witness.
(a) A lawyer shall not act as advocate at a trial in which the lawyer
is likely to be a necessary witness except where:
(1) the testimony relates to an uncontested issue;
(2) the testimony relates to the nature and value of legal services
rendered in the case; or
(3) disqualification of the lawyer would work substantial hardship
on the client.
(b) A lawyer may act as advocate in a trial in which another lawyer
in the lawyer's firm is likely to be called as a witness unless
precluded from doing so by Rule 1.7 or Rule 1.9.
Rule 3.8. Special responsibilities
of a prosecutor.
The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that the prosecutor knows
is not supported by probable cause;
(b) make reasonable efforts to assure that the accused has been
advised of the right to, and the procedure for obtaining, counsel
and has been given reasonable opportunity to obtain counsel;
(c) not seek to obtain from an unrepresented accused a waiver of
important pretrial rights, such as the right to a preliminary hearing;
(d) make timely disclosure to the defense of all evidence or information
known to the prosecutor that tends to negate the guilt of the accused
or mitigates the offense, and, in connection with sentencing, disclose
to the defense and to the tribunal all unprivileged mitigating information
known to the prosecutor, except when the prosecutor is relieved
of this responsibility by a protective order of the tribunal; and
(e) exercise reasonable care to prevent investigators, law enforcement
personnel, employees or other persons assisting or associated with
the prosecutor in a criminal case from making an extrajudicial statement
that the prosecutor would be prohibited from making under Rule 3.6.
Rule 3.9. Advocate in nonadjudicative
proceedings.
A lawyer representing a client before a legislative
or administrative tribunal in a nonadjudicative proceeding shall
disclose that the appearance is in a representative capacity and
shall conform to the provisions of Rules 3.3(a) through (c), 3.4(a)
through (c), and 3.5.
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