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Litigation & Advocacy · 10-16% of the exam

Chapter 14Fairness to the opposing party and the tribunal

Playing fair; tribunal integrity

6 sections

Playing fair: fairness to the adversary (Rule 3.4)

  1. 14.1.1No obstruction or falsification of evidence (Rule 3.4(a)–(b))
  2. 14.1.2Witness payment rules (Rule 3.4(b))
  3. 14.1.3Discovery, court rules, and trial conduct (Rule 3.4(c)–(e))
  4. 14.1.4Witness non-cooperation, threats, and inadvertently sent documents or information (Rule 3.4(f); Rule 4.4(b))

Tribunal integrity (Rule 3.5)

  1. 14.2.1Improper influence and ex parte contact with judges (Rule 3.5(a)–(b))
  2. 14.2.2Juror contact rules (Rule 3.5(b)–(c))
Start with 14.1.1No obstruction or falsification of evidence (Rule 3.4(a)–(b))