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Video Clips Added Here. Liar Liar clips: Dad Liar, In The Office, B-Day Wish. Video Clips Added Here. Liar Liar clip: Client in Office. Florida Bar Rules of Professional Conduct. 4-3.1 MERITORIOUS CLAIMS AND CONTENTIONS

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  1. Video Clips Added Here Liar Liar clips: Dad Liar, In The Office, B-Day Wish

  2. Video Clips Added Here Liar Liar clip: Client in Office

  3. Florida Bar Rules of Professional Conduct 4-3.1 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 in law and fact for doing so that is not frivolous • What is required of lawyers, however, is that they inform themselves about the facts of their clients’ cases and the applicable law and determine that they can make good faith arguments in support of their clients’ positions RULE 4-1.3 DILIGENCE • A lawyer shall act with reasonable diligence and promptness in representing a client

  4. Video Clips Added Here Liar Liar clips: Court House Steps, Witness Stand

  5. Florida Bar Rules of Professional Conduct 4-3.3 CANDOR TORWARD THE TRIBUNAL • False Evidence; Duty to Disclosure. A lawyer shall not knowingly: • Permit any witness, including a criminal defendant, to offer testimony or other evidence that the lawyer knows to be false. A lawyer may not offer testimony that the lawyer knows to be false in the form of a narrative unless so ordered by the tribunal. If a lawyer has offered material evidence and thereafter comes to know of its falsity, the lawyer shall take reasonable remedial measures. • Evidence Believed to be False. A lawyer may refuse to offer evidence that the lawyer reasonably believes is false • Independent Investigation • Compelling Evidence • Firm Factual Basis • Beyond a Reasonable Doubt

  6. Video Clips Added Here Liar Liar clips: On Phone, Court Intro, Bathroom, Back In Court

  7. Florida Bar Rules of Professional Conduct 4-3.3 CANDOR TOWARD THE TRIBUNAL • A lawyer shall not knowingly: • make a false statement of material fact to a tribunal; • fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client;

  8. The Florida Bar v. Oxner 431 So.2d 983 (Fla. 1983)

  9. The Florida Bar v. Oxner • Attorney fails to appear for trial • Judge calls attorney • Attorney says he’d received message that trial was rescheduled • Attorney tells judge he can’t go to trial because he’s unable to contact witness – needs continuance • Judge gets on phone & contacts witness

  10. The Florida Bar v. Oxner • Witness never heard from attorney, not subpoenaed, attorney knew how to contact him (attorney’s wife works for witness) • Judge files grievance with Bar • Attorney found guilty of dishonesty, fraud, deceit, or misrepresentation • suspended for 60 days plus costs

  11. St. Petersburg TimesJuly 9, 2002 “Judge Reports Lawyer To Bar”

  12. Urgent request to delay trial Lawyer’s wife seriously injured – bedridden Lawyer needed to care for 3 children Continued Opposing attorney videotapes wife playing tennis Lawyer didn’t know she’d recover so quickly Judge “shocked”

  13. Video Clips Added Here Casablanca clip

  14. Video Clips Added Here Liar Liar clips: Bench, Conference Room

  15. Florida Bar Rules of Professional Conduct 4-4.1 TRUTHFULNESS IN STATEMENTS TO OTHERS • In the course of representing a client, a lawyer shall not knowingly: • Make a false statement of Material fact or law to a third person

  16. Florida Bar Rules of Professional Conduct 4.1.1 FALSE STATEMENTS OF MATERIAL FACT • In the course of negotiating or concluding a settlement, a lawyer must not knowingly make a false statement of material fact (or law) to a third person

  17. Florida Bar Rules of Professional Conduct 4-4.1 TRUTHFULNESS IN STATEMENTS TO OTHERS • This rule refers to statements of fact. Whether a particular statement should be regarded as one fact can depend on the circumstances. Under generally accepted conventions in negotiation, certain types of statements ordinarily are not taken as statements of material fact. Estimates of price or value placed on the subject of a transaction and a party’s intentions as to an acceptable settlement of a claim are in this category, and so is the existence of an undisclosed principal except where nondisclosure of the principal would constitute fraud.

  18. Florida Bar Rules of Professional Conduct 4.1.1 FALSE STATEMENTS OF MATERIAL FACT Committee Notes (excerpts): • The ethical requirement of truthfulness when speaking to others includes not only false statements to those who have interests adverse to one’s client, but also misrepresentations to government officials, opposing counsel, and mediators or other third party neutrals.

  19. Florida Bar Rules of Professional Conduct 4.1.1 FALSE STATEMENTS OF MATERIAL FACT Committee Notes (excerpts): • Whether a misstatement should be so characterized depends on whether it is reasonably apparent that the person to whom the statement is addressed reasonably apparent that the person to whom the statement is addressed would regard the statement as one of fact or based on the speaker’s knowledge of facts reasonably implied by the statement or as merely an expression of the speaker’s state of mind. Factors to be considered include the past relationship among the negotiating persons, their apparent sophistication, the plausibility of the statement on its face, the phrasing of the statement (for example, whether the statement is presented as a statement of fact), related communications, the known negotiating practices of the community in which both are negotiating and similar circumstances.

  20. Florida Bar Rules of Professional Conduct 4.1.1 FALSE STATEMENTS OF MATERIAL FACT Committee Notes (excerpts): • In making any such statements during negotiation, a lawyer should consider the effect on his/her credibility and the possibility that misstatements in negotiation can lead not only to discipline under the ethical rules, but also to vacatur of settlements and civil and criminal liability for fraud.

  21. Video Clips Added Here Liar Liar clips: Associate, Leaving Court

  22. Florida Bar Rules of Professional Conduct 4-1.16 DECLINING OR TERMINATING REPRESENTATION • When Lawyer Must Decline or Terminate Representation. Except as stated in subdivision (c), a lawyer shall not represent a client or, where the representation has commenced, shall withdraw from the representation of a client if: • The representation will result in violation of the Rules of Professional Conduct or law; • The client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent, unless the client agrees to disclose and rectify the crime or fraud; or • The client has used the lawyer’s services to perpetrate a crime or fraud, unless the client agrees to disclose and rectify the crime or fraud

  23. Video Clips Added Here Liar Liar clips: Witness Exam, Win w/ Son

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