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.

 

 

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 jurisdiction 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 counsel or assist another person to do any such act;
      (b) falsify evidence, counsel or 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 reasonable 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.

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 disclosures 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.