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This duty is subject to certain exceptions, as outlined in the Federal Rules of Civil Procedure; furthermore, the rules applicable in state courts vary from state to state. Pursuant to U.S. constitutional law, in what is known as Brady disclosure, a prosecutor has a duty to disclose material evidence that is favorable to a criminal defendant's ...
The prosecutor must disclose exculpatory evidence known only to the police. That is, the prosecutor has a duty to reach out to the police and establish regular procedures by which the police inform the prosecutor's office of anything that tends to prove the innocence of the defendant. [6]
However, though the rules emphasise the importance of the duty of confidentiality, this is not a hard rule. Not all information connected with the retainer meets the legal test of confidentiality. The duty of confidence applies to "any information, which is confidential to a client and acquired by [a] practitioner or [a] practitioner's firm ...
The obligation to disclose adverse authority is in tension with the attorney's obligation to zealously represent the interests of the client. However, various public policy arguments have been set forth to explain why the attorney's duty of candor to the court with respect to such authority outweighs the duty to the client's cause.
[5] [6] This duty of confidentiality extends beyond information the client tells the lawyer directly. [5] Any information a lawyer learns "relating to the representation of the client" must be kept confidential, including information learned from interviews, photographs, or observations. [5] [6] A lawyer can disclose information if a client ...
PIERRE, S.D. (KELO) — State law didn’t require a real estate agent who handled the transaction to disclose to the new buyers any existing damages on the commercial portion of a Lawrence County ...
In such situations the lawyer has the discretion, but not the obligation, to disclose information designed to prevent the planned action. Most states have a version of this discretionary disclosure rule under Rules of Professional Conduct, Rule 1.6 (or its equivalent). A few jurisdictions have made this traditionally discretionary duty mandatory.
Question : Regarding jury duty, I thought convicted felons couldn't serve. What changed ? Answer : A bill passed by the Legislature this year (SB911 SD1 HD1 ) and signed into law by Gov. Josh ...