PA110 Civil Litigation I

Unit 9 Seminar

Instructor: Brian Craig

Unit 8 Review

Pre-trial motionsADR

Examples of pre-trial motions:Motion to compelMotion for default judgmentMotion to dismissMotion for summary judgment

Graded Items in Unit 9

Unit 9Seminar (5 points)Discussion (20 points)Unit 9 Assignment (60 points) –

Ethical QuestionFinal Exam (100 points)Deadline: 11:59 PM ET, Tuesday,

November 20

Unit 10

Unit 10:Seminar will be held (not graded;

reflection)Discussion (not graded; reflection)

Term ends: 11:59 PM ET, Tuesday, November 27

Final Exam

Deadline: 11:59 PM ET, Tuesday, November 20

20 questions (5 points for each question) – total 100 points

true/false and multiple choice questions

Cumulative (based on units 1-9)

2 hour time limit

Only 1 attempt

Click “save” often

Preparing for Trial

Voir dire:jury selectionchallenges for causeperemptory challenges

Jury instructions:Move for more plain English jury instructions

Unit 9 DiscussionJury Instructions and Voir Dire:

Here are the client assignments for the Unit 9 Discussion Board:

Plaintiff: First letter of last name is A-MDefendant: First letter of last name is N-Z

You only need to post and respond in the pull down menu/topic for your assigned group. Make sure to also post and respond in the pull down menu/topic for "voir dire" questions.

Unit 9 AssignmentYour client, Justin King, has informed you that before leaving Chicago on the date of the accident, he met friends for pizza and beer.  He informed you that he “had quite a few” before getting on his Harley.  Because he was unconscious immediately after the accident, no tests were conducted to determine if he was under the influence at that time. 

 Subsequently, you have learned that his toxicology reports from Paxton Medical Center were apparently erroneously destroyed by the hospital as part of its standard document retention policy.  Justin has told you that he intends to lie in the upcoming litigation if he is asked if he had any alcohol prior to the accident.  How should Justin’s legal team handle this situation? 

 

Format for Unit 9 Assignment

double spaced lines

1 inch margins12 point standard font (Times New Roman, Arial)include an introduction and conclusionwrite in complete sentences and paragraphsUse Bluebook or APA citation format

As stated in the assignment instructions, the As stated in the assignment instructions, the length should be “a one to two page analysis of this length should be “a one to two page analysis of this ethical dilemma.”ethical dilemma.”

Bluebook

Citing model rules - Rule 12 in the Bluebook

Rule 12.9.5 and Rule 12.9.6 address citation of Model Codes, Restatements, Standards & Sentencing Guidelines, and ABA Code of Professional Responsibility and Opinions on Ethics.

ABA Model Rules of Professional Conduct

For text of rules, see link in courseSee Rules 1.2, 1.6, 3.3, 3.4, 4.1, 8.4

Sample Bluebook citation format:

“A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent.” ABA Model Rules of Prof'l Conduct R. 1.2(a)

Identify and Analyze ABA Rules

For this assignment, you should identify and For this assignment, you should identify and analyze at least three ABA Model Rules of analyze at least three ABA Model Rules of Professional Conduct. Professional Conduct.

Consider looking at rules 1.2, 1.6, 3.3, 3.4, 4.1Consider looking at rules 1.2, 1.6, 3.3, 3.4, 4.1

Relevant ABA Model Rules/Issues

Rule 1.2 Client-Lawyer RelationshipRule 1.2 Client-Lawyer Relationship

““A lawyer shall not counsel a client to engage, or assist a A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or client, in conduct that the lawyer knows is criminal or fraudulent”fraudulent”

Rule 1.6 Duty of ConfidentialityRule 1.6 Duty of Confidentiality

““A lawyer may reveal information relating to the A lawyer may reveal information relating to the representation of a client to the extent the lawyer representation of a client to the extent the lawyer reasonably believes necessary … to prevent, mitigate or reasonably believes necessary … to prevent, mitigate or rectify substantial injury to the financial interests or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the fraud in furtherance of which the client has used the lawyer's services”lawyer's services”

Relevant ABA Model Rules

Rule 3.3 Duty of Candor toward Tribunal (Court)

Rule 3.3(b)

“A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.”

What reasonable measures?

advise the clientmotion to withdraw

disclose to the court

Case References

In re Murray, 362 N.E.2d 128 (Ind. 1977) - disbarring an attorney found to have suborned perjury

In re Williams, 23 N.W.2d 4 (Minn. 1946) - disbarring an attorney who advised a client to destroy relevant documents

Review for Final Exam

Pleadings

Affirmative Defenses

Pre-trial Motions

Discovery

Voire Dire/Jury Instructions

Federal Rules of Civil Procedure

Apply just to civil cases (not criminal cases)

Rule 11: belief there is good basis in law and fact for any cause of action asserted in a complaint

Rule 26: scope of discoveryRule 33: interrogatoriesRule 35: physical and mental examinationsRule 37: sanctions for discovery abuseRule 56: summary judgment