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Name That Case
Naughty Lawyers
"ABA" DABA DO
The Twitter Machine, etc.
Apples to Appeals
100
The Iowa Supreme Court distinguished “prosecutorial misconduct” and “prosecutorial error” in this case from 2016. Requiring all of us to now remember the difference between them.
What is State v. Schlitter, 881 N.W.2d 380 (Iowa 2016).
100
Don’t be like Vincent Gambini, who broke Alabama’s Rule VII by not applying for admission pro hac vice in this 1992 film.
Who is My Cousin Vinnie?
100
According to the American Bar Association, this type of lawyer “has the responsibility of a minister of justice and not simply that of an advocate.”
What is a prosecutor?
100
A Virginia lawyer had his law license suspended for indirectly instructing a client to do this to his Facebook page.
What is delete incriminating information? In particular, the lawyer has his paralegal tell the client to “clean up” his Facebook page because “[w]e don’t want any blow-ups of this stuff at trial.” Allied Concrete Co. v. Lester, 736 S.E.2d 699 (Va. 2013).
100
It may violate counsel’s duty with respect to candor to the tribunal to not cite this type of case law in an appellate brief.
What is controlling/published case law? **DAILY DOUBLE**
200
This 2000 case established Iowa's standard for when a district court knows or should know of a conflict related to attorneys in the same office representing a client an adverse witness.
What is State v. Watson, 620 N.W.2d 233 (Iowa 2000).
200
Violating a corollary to Iowa Rule of Professional Conduct 32.3.3, comic book attorney Matthew Murdock was disbarred in 2015 for perjuring himself about not spending his nights masquerading as this vigilante.
Who is Daredevil?
200
The maximum number of briefs appellate counsel can ethically be expected to file per month, according to the National Association of Criminal Defense Lawyers.
What is 2.4 briefs per month?
200
In State v. Webster, a juror did this to a Facebook post made by a member of the victim’s family, leading to litigation on the issue of juror misconduct.
What is a “like?”
200
This rule may be violated by a brief that emphasized the trial court’s “unreasonable, myopic and arbitrary insistence upon expeditiousness” and its “single minded obsession with pushing this case to trial.”
What is the rule that a lawyer shall not engage in conduct intended to disrupt a tribunal?
300
You shouldn’t knowingly destroy evidence prior to trial. Ever. In this 2004 case, the Iowa Supreme Court granted defendants the additional remedy of a spoliation instruction if they could demonstrative success on a four-factored test.
What is State v. Hartsfield, 681 N.W.2d 626 (Iowa 2004).
300
This jaundiced “Doctor of Lawology” attended the Knight School of Law, an unaccredited school whose graduates and could not be admitted to practice in this state under Iowa Court Rule 31.8. The judges this lawyer practices before in Springfield have not noticed this problem.
Who is Lionel Hutz?
300
According to the ABA, when a prosecutor reasonably believes that another person associated with the prosecutor's office intends or is about to engage in misconduct, the prosecutor should take this action.
What is “attempt to dissuade the person?” ABA Standard 3-1.12(b). Further, “[i]f such attempt fails or is not possible, and the prosecutor reasonably believes that misconduct is ongoing, will occur, or has occurred, the prosecutor should promptly refer the matter to higher authority in the prosecutor's office including, if warranted by the seriousness of the matter, to the chief prosecutor.”
300
According to the ABA, this is the only time when it is permissible for a prosecuting attorney to “post on social media about cases or office operations.”
What is “with [official] authorization or oversight?” **DAILY DOUBLE**
300
An attorney inadvertently misstates a fact in the proof brief. Under the rules of professional conduct, counsel is required to _____.
What is correct the misstatement?
400
Going one step further than Padilla v. Kentucky, in this 2017 case, the Iowa Supreme Court determined the effective assistance of counsel now requires an assessment of whether an alien's conviction for a crime renders them removable, subject to mandatory detention, forecloses cancellation of removal proceedings, or creates a bar to legal reentry.
What is Diaz v. State, 896 N.W.2d 723 (Iowa 2016).
400
Easily one of the most famous television lawyers in recent memory, Sam Waterson played this fictional New York Assistant District Attorney over the course of sixteen seasons—and was called before the New York Disciplinary Committee for hiding a material witness from the defense.
Who is Jack McCoy? ** DAILY DOUBLE**
400
The Iowa Rules of Professional Conduct provide that a prosecutor should not make extrajudicial comments that have a substantial likelihood of heightening the public condemnation of the accused, except for statements that serve a _______ purpose.
What is a “legitimate law enforcement purpose?”
400
Louisiana prosecutors were (in)famously disciplined for engaging in this improper social media conduct, described as so “egregious, that it “infected” the “integrity of the proceeding” and warranted a new trial.
What is posting anonymously on a newspaper’s comment section, criticizing police, defense counsel, and defendants? United States v. Bowen, 969 F. Supp. 2d 546, 579–603 (E.D. La. 2013)
400
An attorney writes a fact section in a brief but neglects to “properly review” a part of the record that contradicts some of the relevant facts in the brief. The failure to acknowledge or address those contradictory facts may violate this rule.
What is the duty of candor?
500
In 2011, the Iowa Supreme Court held for the first time that a prosecutor who breaches a plea agreement cannot cure that breach by simply saying, “Oops!” and attempting to re-state the actual terms of the deal.
What is State v. Fannon, 799 N.W.2d 515 (Iowa 2011).
500
This Janus-like former district attorney has violated an incredible number of laws since his first appearance in 1942, yet no comic has ever depicted him actually being disbarred for his duplicitous conduct.
Who is Harvey Dent/Two-Face?
500
According to the ABA, this event must occur before a prosecuting attorney enters into a formal or informal understanding regarding the prosecutor’s interest in a literary or media portrayal based on or arising out of the prosecutor’s involvement in a matter.
What is “ the conclusion of all aspects of a matter in which a prosecutor participates?”
500
According to the United States Attorneys’ Manual, press conferences are “strongly discouraged,” and, in any event, prosecuting attorneys may only disclose this kind of information.
What is information already contained in a publicly accessible document? (For example, a press release may summarize a complaint or indictment.)
500
Two attorneys are fully involved in preparing an appellate brief that contains factual misrepresentations. One attorney was involved in discovery at trial and “inadvertently misled” the other attorney about discovery. Both attorneys violated three rules. Name one of the rules.
What is (1) conduct contrary to honesty, justice or good morals, (2) conduct prejudicial to the administration of justice, or (3) conduct adversely reflecting on the fitness to practice law?