Introducing
Your new presentation assistant.
Refine, enhance, and tailor your content, source relevant images, and edit visuals quicker than ever before.
Trending searches
What if your client makes the threats?
Schools of Thought
Rule of Court 3.854: Confidentiality
Mediator must explain confidentiality rules, including those applicable to caucuses
Rule of Court 3.853: Voluntary Participation
Rule 3.3:
A lawyer shall not knowingly: (a) make a false statement of material fact or law to a tribunal or fail to correct a false statement of material fact previously made to the tribunal by the lawyer …
Rule 4-1:
In the course of representing a client a lawyer shall not knowingly:
(a) Make a false statement of material fact or law to a third person, or
(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client …
Rule 8.4:
It is professional misconduct for a lawyer to …
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation.
In a commercial negotiation, can you ethically:
Rule 5-100:
A member shall not threaten to present criminal, administrative or disciplinary charges to obtain an advantage in a civil dispute.
None of these is expressly prohibited by the Rules. But they would be under ABA Model Rules, which Cal is likely to adopt.
Don't forget about common law fraud and an “act involving dishonesty” under Bus. & Prof. C. §6068