For the Defense - Vol. 9, Issue 2 - 53

to provide services relating to such a person, the person
refusing representation is not entitled to expect of
the lawyer the duties arising out of the client-lawyer
relationship. The lawyer's legal duties-if any-are
defined in such circumstances by the order of the assigning
tribunal, and the lawyer's ethical duties are limited to those
obligations a lawyer owes under the Rules to tribunals or
to persons other than a client.
The Court's appointment order should reflect standby counsel's
legal duties. These may run the gamut from a limited advisory
role to a very active one. The order may permit counsel to act
only when the defendant has a question or request. In contrast, it
could direct counsel to actively assist with discovery, investigation,
preparing motions, locating expert witnesses and more, so long as
the defendant's right to control the tactics and strategy of the trial
is fully respected.
The ethical obligations lawyers owe to the tribunal are primarily
found in Rule 3.3 of the Pennsylvania Rules of Professional Conduct.
These prohibit counsel from making materially false statements
and require counsel to correct the record of such falsities;21
require
counsel to disclose controlling legal authority adverse to the
defendant's position;22
prohibit counsel from offering evidence
the lawyer knows is false;23 and, require remedial action if counsel
learns that someone is, plans to or has engaged in fraud or criminal
conduct related to the proceedings.24
Duties owed to " persons other than a client " encompass
unrepresented persons25 and prospective clients.26
Rule 4.3
requires counsel to be clear about their role when interacting
with an unrepresented person, and to not give legal advice to the
unrepresented person if they have a client whose interests conflict
with the unrepresented person. Rule 1.18 defines a " prospective
client " as one who is consulting with the lawyer about the possibility
of forming a client-lawyer relationship. Given that standby counsel
Vol. 9, Issue 2 l For The Defense 53

For the Defense - Vol. 9, Issue 2

Table of Contents for the Digital Edition of For the Defense - Vol. 9, Issue 2

Contents
For the Defense - Vol. 9, Issue 2 - 1
For the Defense - Vol. 9, Issue 2 - 2
For the Defense - Vol. 9, Issue 2 - Contents
For the Defense - Vol. 9, Issue 2 - 4
For the Defense - Vol. 9, Issue 2 - 5
For the Defense - Vol. 9, Issue 2 - 6
For the Defense - Vol. 9, Issue 2 - 7
For the Defense - Vol. 9, Issue 2 - 8
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For the Defense - Vol. 9, Issue 2 - 64
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