LAW 680 Lecture Notes - Lecture 17: Pro Hac Vice
9 Jun 2020
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Document Summary
Competency- mr 1. 1: comment 1 has some elements to consider. Other controls on attorney conduct: criminal liability/ handling of evidence. Goals of this section: atty"s potential for criminal liability for actions taken while representing a client, two major cases: stenhach and gellene, ethical rules of prohibited assistance cannot assist a client in criminal or fraudulent conduct. Stenhach brothers did which is illegal: rule: must give over any physical evidence to authorities or to the third parities if the evidence is material to the case, cannot keep evidence in your possession. 2: prosecutor must give over evidence b/c that is based on constitution; but not same constitutional requirements for the atty. Comment 1 to mr 3. 4: fair competition in the adversary system is secured by prohibitions against destruction of concealment of evidence: major concern is the fair competition in the adversary system (between prosecutor and defense)
