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

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

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

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

Video Clips Added Here

Liar Liar clips: Dad Liar, In The Office, B-Day Wish

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Video Clips Added Here

Liar Liar clip: Client in Office

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Florida Bar Rules of Professional ConductFlorida Bar Rules of Professional Conduct

4-3.1 MERITORIOUS CLAIMS AND CONTENTIONS4-3.1 MERITORIOUS CLAIMS AND CONTENTIONS A lawyer shall not bring or defend a proceeding, or assert or controvert 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 an issue therein, unless there is a basis in law and fact for doing so that is not frivolousthat is not frivolous

What is required of lawyers, however, is that they inform themselves What is required of lawyers, however, is that they inform themselves about the facts of their clients’ cases and the applicable law and about the facts of their clients’ cases and the applicable law and determine that they can make good faith arguments in support of their determine that they can make good faith arguments in support of their clients’ positionsclients’ positions

RULE 4-1.3 DILIGENCERULE 4-1.3 DILIGENCE A lawyer shall act with reasonable diligence and promptness in A lawyer shall act with reasonable diligence and promptness in

representing a clientrepresenting a client

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Video Clips Added Here

Liar Liar clips: Court House Steps, Witness Stand

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Florida Bar Rules of Professional ConductFlorida Bar Rules of Professional Conduct

4-3.3 CANDOR TORWARD THE TRIBUNAL4-3.3 CANDOR TORWARD THE TRIBUNAL False Evidence; Duty to DisclosureFalse Evidence; Duty to Disclosure. A lawyer shall not knowingly:. A lawyer shall not knowingly:

– Permit any witness, including a criminal defendant, to offer Permit any witness, including a criminal defendant, to offer testimony or other evidence that the lawyer knows to be false. A 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 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 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 has offered material evidence and thereafter comes to know of its falsity, the lawyer shall take reasonable remedial measures. falsity, the lawyer shall take reasonable remedial measures.

Evidence Believed to be FalseEvidence Believed to be False. A lawyer may refuse to offer . A lawyer may refuse to offer evidence that the lawyer reasonably believes is falseevidence that the lawyer reasonably believes is false

Independent InvestigationIndependent Investigation Compelling EvidenceCompelling Evidence Firm Factual BasisFirm Factual Basis Beyond a Reasonable DoubtBeyond a Reasonable Doubt

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Video Clips Added Here

Liar Liar clips: On Phone, Court Intro, Bathroom, Back In Court

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Florida Bar Rules of Professional ConductFlorida Bar Rules of Professional Conduct

4-3.3 CANDOR TOWARD THE TRIBUNAL4-3.3 CANDOR TOWARD THE TRIBUNAL A lawyer shall not knowingly:A lawyer shall not knowingly:

– make a false statement of material fact to a tribunal;make a false statement of material fact to a tribunal;– fail to disclose a material fact when disclosure is necessary to avoid fail to disclose a material fact when disclosure is necessary to avoid

assisting a criminal or fraudulent act by the client;assisting a criminal or fraudulent act by the client;

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The Florida Bar v. OxnerThe Florida Bar v. Oxner

431 So.2d 983 (Fla. 1983)431 So.2d 983 (Fla. 1983)

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The Florida Bar v. OxnerThe Florida Bar v. Oxner Attorney fails to appear for trialAttorney fails to appear for trial

Judge calls attorneyJudge calls attorney

Attorney says he’d received message that trial Attorney says he’d received message that trial was rescheduledwas rescheduled

Attorney tells judge he can’t go to trial because Attorney tells judge he can’t go to trial because he’s unable to contact witness – needs he’s unable to contact witness – needs continuancecontinuance

Judge gets on phone & contacts witnessJudge gets on phone & contacts witness

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The Florida Bar v. OxnerThe Florida Bar v. Oxner Witness never heard from attorney, not Witness never heard from attorney, not

subpoenaed, attorney knew how to contact him subpoenaed, attorney knew how to contact him (attorney’s wife works for witness)(attorney’s wife works for witness)

Judge files grievance with BarJudge files grievance with Bar

Attorney found guilty of dishonesty, fraud, deceit, Attorney found guilty of dishonesty, fraud, deceit, or misrepresentationor misrepresentation

suspended for 60 days plus costssuspended for 60 days plus costs

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St. Petersburg TimesSt. Petersburg TimesJuly 9, 2002July 9, 2002

““Judge Reports Lawyer To Bar”Judge Reports Lawyer To Bar”

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Urgent request to delay trialUrgent request to delay trial

Lawyer’s wife seriously injured – bedriddenLawyer’s wife seriously injured – bedridden

Lawyer needed to care for 3 childrenLawyer needed to care for 3 children

ContinuedContinued

Opposing attorney videotapes wife playing tennisOpposing attorney videotapes wife playing tennis

Lawyer didn’t know she’d recover so quicklyLawyer didn’t know she’d recover so quickly

Judge “shocked”Judge “shocked”

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Video Clips Added Here

Casablanca clip

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Video Clips Added Here

Liar Liar clips: Bench, Conference Room

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Florida Bar Rules of Professional ConductFlorida Bar Rules of Professional Conduct

4-4.1 TRUTHFULNESS IN STATEMENTS TO OTHERS4-4.1 TRUTHFULNESS IN STATEMENTS TO OTHERS In the course of representing a client, a lawyer shall not knowingly:In the course of representing a client, a lawyer shall not knowingly:

– Make a false statement of Material fact or law to a third personMake a false statement of Material fact or law to a third person

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Florida Bar Rules of Professional ConductFlorida Bar Rules of Professional Conduct

4.1.1 FALSE STATEMENTS OF MATERIAL FACT4.1.1 FALSE STATEMENTS OF MATERIAL FACT In the course of negotiating or concluding a settlement, a lawyer must 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 not knowingly make a false statement of material fact (or law) to a third personperson

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Florida Bar Rules of Professional ConductFlorida Bar Rules of Professional Conduct

4-4.1 TRUTHFULNESS IN STATEMENTS TO OTHERS4-4.1 TRUTHFULNESS IN STATEMENTS TO OTHERS This rule refers to statements of fact. Whether a particular statement This rule refers to statements of fact. Whether a particular statement

should be regarded as one fact can depend on the circumstances. should be regarded as one fact can depend on the circumstances. Under generally accepted conventions in negotiation, certain types of Under generally accepted conventions in negotiation, certain types of statements ordinarily are not taken as statements of material fact. statements ordinarily are not taken as statements of material fact. Estimates of price or value placed on the subject of a transaction and a 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 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 category, and so is the existence of an undisclosed principal except where nondisclosure of the principal would constitute fraud.where nondisclosure of the principal would constitute fraud.

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Florida Bar Rules of Professional ConductFlorida Bar Rules of Professional Conduct

4.1.1 FALSE STATEMENTS OF MATERIAL FACT4.1.1 FALSE STATEMENTS OF MATERIAL FACTCommittee Notes (excerpts):Committee Notes (excerpts): The ethical requirement of truthfulness when speaking to others The ethical requirement of truthfulness when speaking to others

includes not only false statements to those who have interests adverse includes not only false statements to those who have interests adverse to one’s client, but also misrepresentations to government officials, to one’s client, but also misrepresentations to government officials, opposing counsel, and mediators or other third party neutrals.opposing counsel, and mediators or other third party neutrals.

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Florida Bar Rules of Professional ConductFlorida Bar Rules of Professional Conduct

4.1.1 FALSE STATEMENTS OF MATERIAL FACT4.1.1 FALSE STATEMENTS OF MATERIAL FACTCommittee Notes (excerpts):Committee Notes (excerpts): Whether a misstatement should be so characterized depends on Whether a misstatement should be so characterized depends on

whether it is reasonably apparent that the person to whom the whether it is reasonably apparent that the person to whom the statement is addressed reasonably apparent that the person to statement is addressed reasonably apparent that the person to whom the statement is addressed would regard the statement as whom the statement is addressed would regard the statement as one of fact or based on the speaker’s knowledge of facts reasonably one of fact or based on the speaker’s knowledge of facts reasonably implied by the statement or as merely an expression of the implied by the statement or as merely an expression of the speaker’s state of mind. Factors to be considered include the past speaker’s state of mind. Factors to be considered include the past relationship among the negotiating persons, their apparent relationship among the negotiating persons, their apparent sophistication, the plausibility of the statement on its face, the sophistication, the plausibility of the statement on its face, the phrasing of the statement (for example, whether the statement is phrasing of the statement (for example, whether the statement is presented as a statement of fact), related communications, the presented as a statement of fact), related communications, the known negotiating practices of the community in which both are known negotiating practices of the community in which both are negotiating and similar circumstances.negotiating and similar circumstances.

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Florida Bar Rules of Professional ConductFlorida Bar Rules of Professional Conduct

4.1.1 FALSE STATEMENTS OF MATERIAL FACT4.1.1 FALSE STATEMENTS OF MATERIAL FACTCommittee Notes (excerpts):Committee Notes (excerpts): In making any such statements during negotiation, a lawyer should In making any such statements during negotiation, a lawyer should

consider the effect on his/her credibility and the possibility that consider the effect on his/her credibility and the possibility that misstatements in negotiation can lead not only to discipline under the misstatements in negotiation can lead not only to discipline under the ethical rules, but also to vacatur of settlements and civil and criminal ethical rules, but also to vacatur of settlements and civil and criminal liability for fraud.liability for fraud.

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Video Clips Added Here

Liar Liar clips: Associate, Leaving Court

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Florida Bar Rules of Professional ConductFlorida Bar Rules of Professional Conduct

4-1.16 DECLINING OR TERMINATING REPRESENTATION4-1.16 DECLINING OR TERMINATING REPRESENTATION When Lawyer Must Decline or Terminate Representation. Except as When Lawyer Must Decline or Terminate Representation. Except as

stated in subdivision (c), a lawyer shall not represent a client or, stated in subdivision (c), a lawyer shall not represent a client or, where the representation has commenced, shall withdraw from the where the representation has commenced, shall withdraw from the representation of a client if:representation of a client if:

The representation will result in violation of the Rules of Professional The representation will result in violation of the Rules of Professional Conduct or law;Conduct or law;

• The client persists in a course of action involving the lawyer’s The client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or services that the lawyer reasonably believes is criminal or fraudulent, unless the client agrees to disclose and rectify the fraudulent, unless the client agrees to disclose and rectify the crime or fraud; orcrime or fraud; or

• The client has used the lawyer’s services to perpetrate a crime 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, unless the client agrees to disclose and rectify the crime or fraudfraud

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Video Clips Added Here

Liar Liar clips: Witness Exam, Win w/ Son