Litigation & Advocacy · 10-16% of the exam

Night-before checklist

Chapter 14 · 5 items

Five points, and the first and the last both turn on when, not what.

Litigation in view converts routine document destruction into unlawful obstruction; the duty to preserve arises when litigation is reasonably anticipated, not when suit is filed.
Contingent compensation is barred for every witness; a fact witness may get reasonable expenses, reasonable loss-of-time compensation and statutory appearance fees (the ABA position, not Rule 3.4(b)'s text); an expert, a reasonable fee plus expenses.
"I believe" is prohibited vouching, except when the lawyer is testifying as a witness; "the evidence shows" is argument unless the lawyer does not reasonably believe the matter is relevant or supportable by admissible evidence.
Rule 4.4(b) requires only notifying the sender of an inadvertently sent document or electronically stored information (metadata included); absent a legal duty to return, Comment [3] leaves return to professional judgment ordinarily reserved to the lawyer (Rules 1.2, 1.4); Comment [2]: not a document the sender obtained inappropriately.
Juror contact during the proceeding: prohibited ex parte on any topic unless law or court order authorizes it; after discharge, only law or court order, juror objection, or misrepresentation, coercion, duress, or harassment bars it.

Ticks are remembered on this device, not in your account.