3.1/3.2
Without this, a lawyer shall not bring or defend a proceeding, or assert or controvert an issue.
What is a basis in law and fact for that is not frivolous? 3.1
Testimony that is related to these types of issues allow a lawyer to act as advocate at a trial in which the lawyer is likely to be a necessary witness.
What are uncontested (issues)? 3.7(a)(1)
Rule 4.1 ensures this kind of interaction.
What is "truthfulness in statements to others/third parties" (persons other than clients). 4.1
Rule 4.2 regulates communication with third parties by restricting this.
What is "restricting communication about the subject of the representation of a current client, with a person the lawyer knows to be represented by another lawyer in the matter." 4.2
This type of lawyer may so defend a proceeding as to require that every element of the case be established.
What is a criminal defense lawyer? 3.1
Testimony that related to these characteristics of legal services allow a lawyer to act as advocate at a trial in which the lawyer is likely to be a necessary witness.
What are the nature and value (of legal services)? 3.7(a)(2)
Whether a particular statement should be regarded as one of fact typically depends on this.
What are "circumstances". 4.1 comment 1
What is "consent from the other lawyer, or authorization by law or the court." 4.2
He or she has a duty to use legal procedure for the fullest benefit of the client's cause, but also a duty not to abuse legal procedure.
What is "the advocate?" 3.1 comment [1]
This paragraph provides that a lawyer is not disqualified from serving as an advocate because a lawyer with whom the lawyer is associated in a firm is precluded from doing so.
What is paragraph (b)? Rule 3.7 comment [7]
A lawyer shall not knowingly fail to disclose a material fact to a third party when...
What is "when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client." 4.1b
Rule 4.3 deals with this kind of communication.
What is "communication with an unrepresented third party on behalf of a client". 4.3
It is not similar conduct that is often tolerated by the bench and bar.
What is justification? 3.2
This arises when the trier of fact may be confused or misled by a lawyer serving as both advocate and witness.
When does the tribunal have proper objection? 3.7 comment [2]
This rule can provide exceptions to Rule 4.1 disclosures.
What is "Rule 1.6". (think confidential information) 4.1b
In communicating with an unrepresented third party on behalf of a client, a lawyer shall make this known.
What is "that the lawyer is not disinterested." (i.e. make representation clear) 4.3
Realizing this or other benefit from otherwise improper delay in litigation is not a legitimate interest of the client.
What is Financial (benefit)? 3.2
This paragraph recognizes that a balancing is required between the interest of the client and those of the tribunal and the opposing party.
What is paragraph (a)(3)? Rule3.7 comment [4]
To avoid assisting a client's crime or fraud, a lawyer may typically do this.
What is "withdraw from representation". 4.1 comment 3
In communicating with an unrepresented third party on behalf of a client, a lawyer should avoid giving legal advice, especially if the third party has this.