Employee's Name: [Please print or type ] I hereby certify that I have been notified that I must disclose potential conflicts of interest at least annually under Civil Service Commission Rule 2-8 and relevant departmental work rules and directives. endstream endobj startxref Pernicious politics: It's time to bench Partisan politics from the bench, The ins and outs of the lawyer trust account, Stop sending subpoenas to attorneys for protected information, Duty to court vs. duty to client: Balancing MRPC 1.6 and 3.3, Media ethics: Think before you post: The line between accuracy and sensationalism, Welcome Guidance on a Lawyers Duties to Prospective Clients, Tumblr, Snapchat, Reddit, Pinterest, Instagram Ethics FAQs, Ethics Opinions, and Frequently Asked Questions. It is for the tribunal then to determine what should be done-making a statement about the matter to the trier of fact, ordering a mistrial, or perhaps nothing. How to Identify and Avoid Conflicts of Interest. Determining whether or not such a conflict exists is primarily the responsibility of the lawyer involved. Also see Rule 1.16(b) for the circumstances in which a lawyer will be permitted to seek a tribunal's permission to withdraw. It is not a justification that similar conduct is often tolerated by the bench and bar. RI-380 Ethical duties of an out-of-state lawyer who moves to Michigan and applies for admission. SeeRule 1.4. For a discussion of directly adverse conflicts in transactional matters, see Comment 7. (b) A lawyer having direct supervisory authority over another lawyer shall make . Furthermore, unless it is clearly understood that the lawyer must remediate the disclosure of false evidence, the client could simply reject the lawyer's counsel to reveal the false evidence and require that the lawyer remain silent. The decision-making body, like a court, should be able to rely on the integrity of the submissions made to it. As to lawyers representing governmental entities, see Scope [18]. The underlying concept is that legal argument is a discussion seeking to determine the legal premises properly applicable to the case. For the lawyers duties with respect to information provided to the lawyer by a prospective client, seeRule 1.18. [13]A lawyer may be paid from a source other than the client, including a co-client, if the client is informed of that fact and consents and the arrangement does not compromise the lawyers duty of loyalty or independent judgment to the client. A practical time limit on the obligation to rectify the presentation of false evidence or false statements of law and fact must be established. SeeRule 1.16. In some situations, the risk of failure is so great that multiple representation is plainly impossible. The clients affected under paragraph (a) include both of the clients referred to in paragraph (a)(1) and the one or more clients whose representation might be materially limited under paragraph (a)(2). Members may also send an email to ethics@michbar.org. Paragraph (a) (3) requires that a lawyer refuse to offer evidence that the lawyer knows to be false, regardless of the client's wishes. Cf. Second, Michigan has a long tradition of judicial oversight of the conduct of counsel. Conflict of Interest: Intermediary 34 Rule 1.08. Copyright 2021SBM. The critical questions are the likelihood that a difference in interests will eventuate and, if it does, whether it will materially interfere with the lawyers independent professional judgment in considering alternatives or foreclose courses of action that reasonably should be pursued on behalf of the client. If the consent is general and open-ended, then the consent ordinarily will be ineffective, because it is not reasonably likely that the client will have understood the material risks involved. 2 0 obj << /Length 5491 /Filter /FlateDecode >> stream [29]In considering whether to represent multiple clients in the same matter, a lawyer should be mindful that if the common representation fails because the potentially adverse interests cannot be reconciled, the result can be additional cost, embarrassment and recrimination. Rule 3.3(d), governing ex parte proceedings, among which grand jury proceedings are included. A lawyer may stand firm against abuse by a judge, but should avoid reciprocation; the judge's default is no justification for similar dereliction by an advocate. RI-384Lawyers and law firms must ensure that all funds maintained within an IOLTA are accounted for. Even if the sexual relationship does not violate Rule 1.8(j), the lawyer must consider whether the lawyer's ability to represent the client effectively will be affected by the sexual relationship. [5]Unforeseeable developments, such as changes in corporate and other organizational affiliations or the addition or realignment of parties in litigation, might create conflicts in the midst of a representation, as when a company sued by the lawyer on behalf of one client is bought by another client represented by the lawyer in an unrelated matter. Such conflicts can arise in criminal cases as well as civil. In addition, a lawyer may not allow related business interests to affect representation, for example, by referring clients to an enterprise in which the lawyer has an undisclosed financial interest. Rule 4-1.8 - CONFLICT OF INTEREST; PROHIBITED AND OTHER TRANSACTIONS (a) Business Transactions With or Acquiring Interest Adverse to Client. Conflict of Interest: General Rule 29 Rule 1.07. Regulations implement the rules issued by the commission. The lawyer may, however, be required by Rule 1.16(a) to seek permission of the tribunal to withdraw if the lawyer's compliance with this rule's duty of candor results in such an extreme deterioration of the client-lawyer relationship that the lawyer can no longer competently represent the client. Accordingly, in determining the proper scope of advocacy, account must be taken of the law's ambiguities and potential for change. Furthermore, as stated in paragraph (a)(2), an advocate has a duty to disclose directly controlling adverse authority that has not been disclosed by the opposing party. [30]A particularly important factor in determining the appropriateness of common representation is the effect on client-lawyer confidentiality and the attorney-client privilege. Violations of these standards of conduct may have civil or criminal consequences. Thus, under paragraph (b)(1), representation is prohibited if in the circumstances the lawyer cannot reasonably conclude that the lawyer will be able to provide competent and diligent representation. We collect and use cookies to give you the best and most relevant website experience. Rule 1.06. A lawyer acting as an advocate in an adjudicative proceeding has an obligation to present the client's case with persuasive force. (2)there is a significant risk that the representation of one or more clients will be materially limited by the lawyers responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. See alsoRule 1.10(personal interest conflicts underRule 1.7ordinarily are not imputed to other lawyers in a law firm). Of course, not all of the individuals who might encroach upon those rights are under the control of the prosecutor. h[oJS{IRBtH%]9F33N A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or The client also has the right to discharge the lawyer as stated inRule 1.16. On the other hand, simultaneous representation of parties whose interests in litigation may conflict, such as coplaintiffs or codefendants, is governed by paragraph (a)(2). SeeRule 1.13(a). Focus on Professional Responsibility Conflicts of InterestThe Basics By John W. Allen John W. Allen, chairperson of the State Bar of Michigan's Standing Committee on Pro-fessional and Judicial Ethics, has prepared a four-part series on the important topic of conflicts of interest. %PDF-1.4 % A lawyer is not required to make a disinterested exposition of the law, but must recognize the existence of pertinent legal authorities. Apart from these two exceptions, paragraph (a)(3) recognizes that a balancing is required between the interests of the client and those of the opposing party. Other relevant factors are whether the lawyer subsequently will represent both parties on a continuing basis and whether the situation involves creating or terminating a relationship between the parties. Rule 1.7: Conflict of Interest: Current Clients 26 Rule 1.8: Conflict of Interest: Current Clients: Specific Rules 32 Rule 1.9: Duties to Former Clients 38 Rule 1.10: Imputed Disqualification: General Rule.40 Rule 1.11: Special Conflicts of Interest for Former and Current Government Officers and Employees 43 Below is a summary of Montana's rules of professional conduct which apply to all attorneys and guide attorney conduct. [4]If a conflict arises after representation has been undertaken, the lawyer ordinarily must withdraw from the representation, unless the lawyer has obtained the informed consent of the client under the conditions of paragraph (b). Given these and other relevant factors, the clients may prefer that the lawyer act for all of them. On the other hand, there are vital social interests served by the free dissemination of information about events having legal consequences and about legal proceedings themselves. It may not be clear whether a statement by an advocate-witness should be taken as proof or as an analysis of the proof. An elected prosecutor who has a conflict will require recusal of the entire prosecutor's office. [3]A conflict of interest may exist before representation is undertaken, in which event the representation must be declined, unless the lawyer obtains the informed consent of each client under the conditions of paragraph (b). On the other hand, if the client is an experienced user of the legal services involved and is reasonably informed regarding the risk that a conflict may arise, such consent is more likely to be effective, particularly if, e.g., the client is independently represented by other counsel in giving consent and the consent is limited to future conflicts unrelated to the subject of the representation. Lawyer Trust Accounts Seminar: Management Principles & Recordkeeping Resources. Comment: This rule governs the conduct of a lawyer who is representing a client in a tribunal. Thank you for your website feedback! PRESERVING INTEGRITY OF ADJUDICATIVE PROCESS. for Rules of Professional Conduct Rule 1.7: Conflict of interest: Current clients, to Rules of Professional Conduct Rule 1.7: Conflict of interest: Current clients. Precisely how far the prosecutor is required to go in this direction is a matter of debate. To obtain an opinion in writing, see How to Request an Ethics Opinion. Similarly, a directly adverse conflict may arise when a lawyer is required to cross-examine a client who appears as a witness in a lawsuit involving another client, as when the testimony will be damaging to the client who is represented in the lawsuit. Whether clients are aligned directly against each other within the meaning of this paragraph requires examination of the context of the proceeding. [8]Even where there is no direct adverseness, a conflict of interest exists if there is a significant risk that a lawyers ability to consider, recommend or carry out an appropriate course of action for the client will be materially limited as a result of the lawyers other responsibilities or interests. Generally, if the relationship between the parties has already assumed antagonism, the possibility that the clients interests can be adequately served by common representation is not very good. If you maintain malpractice insurance, you may wish to contact your malpractice insurance carrier's helpline for assistance as well. [26]Conflicts of interest under paragraphs (a)(1) and (a)(2) arise in contexts other than litigation. HW6-!{3ll`H6E)YH-WyDh %v~,i._%Y*Vi$E \A"x? The law, both procedural and substantive, establishes the limits within which an advocate may proceed. Rule 3.6 sets forth a basic general prohibition against a lawyer's making statements that the lawyer knows or should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding. The State Bar of Michigan is pleased to provide this service to our membership to assist Michigan lawyers in researching ethics inquiries free of charge. Comment: Combining the roles of advocate and witness can prejudice the opposing party and can involve a conflict of interest between the lawyer and client. The prosecutor's obligation is discharged if the prosecutor has taken reasonable and appropriate steps to assure that the defendant's rights are protected. Thus, although a lawyer should resolve doubts about the veracity of testimony or other evidence in favor of the client, the lawyer cannot ignore an obvious falsehood. Rule 1.11 Special Conflicts of Interest for Former and Current Government Officers and Employees 73 Rule 1.12 Former Judge, Ar bitrator, Mediator or Other Third-Party . Recognizing that the public value of informed commentary is great and the likelihood of prejudice to a proceeding by the commentary of a lawyer who is not involved in the proceeding is small, the rule applies only to lawyers who are, or who have been, involved in the investigation or litigation of a case, and their associates. Thus, the client could insist that the lawyer assist in perpetrating a fraud on the court. Kings In The Corners Rules Objective. hb```b````f`` @1 hPahebbX s fy@UrLl``0 ll.((5l50A 0`0tp42&i6 ag`\uDd^6@{Xi7zGX:ee ._/] The prosecutor cannot be held responsible for the actions of persons over whom the prosecutor does not exercise authority. Michigan Rules of Professional Conduct Otherwise, each party might have to obtain separate representation, with the possibility of incurring additional cost, complication or even litigation. Lansing, MI 48933-2012 Comment: In representation before bodies such as legislatures, municipal councils, and executive and administrative agencies acting in a rule-making or policy-making capacity, lawyers present facts, formulate issues, and advance argument in the matters under consideration. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. Massachusetts rules of court and standing orders, Massachusetts Supreme Judicial Court Rules, Supreme Judicial Court Rule 3:07: Rules of Professional Conduct, Rules of Professional Conduct (SJC Rule 3:07) Table of contents, contact the Massachusetts Supreme Judicial Court, Rules of Professional Conduct Rule 1.7: Conflict of interest: Current clients. Under Rule 1.7 (a), a conflict of interest exists if there is significant risk that the lawyer's representation of the client will be materially limited by the lawyer's own interest in the fee arrangement or by the lawyer's responsibilities to the third-party payer (for example, when the third-party payer is a co-client). The SBM Ethics Helpline is reserved for attorneys, judges, and law students to discuss ethics issues. A lawyer does not violate this rule if the lawyer offers the evidence for the purpose of establishing its falsity. Unless it would be clear to a reasonable person that a sexual relationship with the client would not materially affect the representation, the lawyer should either avoid the sexual relationship or withdraw from the representation. If you know the opinion number, click on Quick Find by opinion number and enter it in the "get opinion" box. Rule 1.7: Conflict of Interest: Current Clients Client-Lawyer Relationship (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. Adhering to these standards of conduct can avoid political turmoil, legal proceedings and civil or criminal liability. Newspaper headlines sometimes highlight public board members doing wrong, injuring the. (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing. Compare Rule 3.1. If you maintain malpractice insurance, you may wish to contact your malpractice insurance carriers helpline for assistance as well. On the other hand, common representation of persons having similar interests in civil litigation is proper if the requirements of paragraph (b) are met. If there is material risk that the dual role will compromise the lawyers independence of professional judgment, the lawyer should not serve as a director or should cease to act as the corporations lawyer when conflicts of interest arise. [34]A lawyer who represents a corporation or other organization does not, by virtue of that representation, necessarily represent any constituent or affiliated organization, such as a parent or subsidiary. If there were no such limits, the result would be the practical nullification of the protective effect of the rules of forensic decorum and the exclusionary rules of evidence. Some of the listed ethics opinions, though not expressly superseded in subsequent ethics opinions, may be nonetheless outmoded or no longer sound due to subsequent changes in case law, statutes, or court rules. Even though it causes delay, a course of action is proper if a competent lawyer acting in good faith would regard the course of action as having some substantial purpose other than delay. %%EOF The unlicensed practice of law, which is governed by statutory law, not the Michigan Rules of Professional Conduct. A conflict may exist by reason of substantial discrepancy in the parties testimony, incompatibility in positions in relation to an opposing party or the fact that there are substantially different possibilities of settlement of the claims or liabilities in question. Moreover, because the lawyer is required to be impartial between commonly represented clients, representation of multiple clients is improper when it is unlikely that impartiality can be maintained. If that fails, the lawyer must take further remedial action. The conduct of another attorney or judge, which is solely within the jurisdiction of the. a private (non-governmental) force not necessarily directly supported or sanctioned by a government an irregular armed force that enables its leader to exercise military, economic, or political control over a subnational territory within a sovereign state 10-16-3. The exercise of that right can be frustrated if relevant material is altered, concealed or destroyed. [31]As to the duty of confidentiality, continued common representation will almost certainly be inadequate if one client asks the lawyer not to disclose to the other client confidential information relevant to the common representation. The Michigan Rules of Professional Conduct (MRPC) does not have a rule that expressly provides direction to lawyers who are considering changing their professional relationship, or to the firm from which the lawyers are leaving, with regard to their obligations to each other and their clients. ?wJRNE W,OH~oFVPK~Y|(l@XWS4 -ZY]M`Q{t+n~BgB8d0E>GVq,[Jrj[7T|iMe/V^x(4" ~0_E.^ The lawyer must seek court approval where necessary and take steps to minimize harm to the clients. Lawyers have no exclusive right to appear before nonadjudicative bodies, as they do before a court. For example, a lawyer may not represent multiple parties to a negotiation whose interests are fundamentally antagonistic to each other, but common representation is permissible where the clients are generally aligned in interest even though there is some difference in interest among them. Nor does it forbid the lawful questioning of a suspect who has knowingly waived the rights to counsel and silence. Comment: Many forms of improper influence upon a tribunal are proscribed by criminal law. It also has a legitimate interest in the conduct of judicial proceedings, particularly in matters of general public concern. A .mass.gov website belongs to an official government organization in Massachusetts. You skipped the table of contents section. There are four ways to search for Michigan ethics opinions using our online service. [33]Subject to the above limitations, each client in the joint representation has the right to loyal and diligent representation and the protection ofRule 1.9concerning obligations to a former client. They should be interpreted with reference to the purposes of legal representation and of the law itself. (517) 346-6300 Conflict of Interest: Former Client 39 Rule 1.10. Cybersecurity for Attorneys: Addressing the Legal and Ethical Duties, Safeguarding Client Data: Attorneys Legal and Ethical Duties, Responding to Requests for Copies from Former Clients, A Discussion of Trust Accounts for Michigan Attorneys, How to Identify and Avoid Conflicts of Interest, Sudden Death or Disability: Is Your Practiceand Your FamilyReady for the Worst, Fee Collection by Lien Quick-Reference Chart, Standing Committee on Professional Ethics, Alecia M. Chandler & Robinjit K. Eagleson, Lawyers and judges who call the helpline are required to leave a confidential voicemail containing their. A staff attorney will respond with a phone call or provide ethics resources but will not provide an opinion in writing. However, the alternative is that the lawyer aids in the deception of the court, thereby subverting the truth-finding process that the adversarial system is designed to implement. A lock icon ( Falsifying evidence is also generally a criminal offense. Make your practice more effective and efficient with Casetexts legal research suite. Factors relevant in determining whether the clients need to be advised of the risk include: where the cases are pending, whether the issue is substantive or procedural, the temporal relationship between the matters, the significance of the issue to the immediate and long-term interests of the clients involved and the clients reasonable expectations in retaining the lawyer. The opposing party may properly object where the combination of roles may prejudice that party's rights in the litigation. Thus, paragraph (b) requires a lawyer to take reasonable remedial measures, including disclosure, if necessary, whenever the lawyer knows that a person, including the lawyer's client, intends to engage, is engaging, or has engaged in criminal or fraudulent conduct related to the proceeding. During a proceeding a lawyer may not communicate ex parte with persons serving in an official capacity in the proceeding, such as judges, masters, or jurors, unless authorized to do so by law or court order. SeeRule 1.8for specific Rules pertaining to a number of personal interest conflicts, including business transactions with clients. Documents and other items of evidence are often essential to establish a claim or defense. Ann. Paragraph (a) expresses that general rule. A lawyer may on occasion want to communicate with a juror or prospective juror after the jury has been discharged. g r)M$;Nvx~JC0I6q}$slVY>c|G4lb d)&E?;o\bgh'G+9[AXT~8`UdMz:PD;b|(z See Rule 3.4. Normally, a lawyer's compliance with the duty of candor imposed by this rule does not require that the lawyer withdraw from the representation of a client whose interests will be or have been adversely affected by the lawyer's disclosure. 306 Townsend St Rule 1.7. Successive Government and Private Employment 42 Rule 1.11. A conflict of interest is the use of powers or resources of public office to "obtain personal benefits or pursue private interests," as opposed to using those powers or resources "only to advance the public interest." N.M. Stat. The information required depends on the nature of the conflict and the nature of the risks involved. MICHIGAN RULES OF PROFESSIONAL CONDUCT . In any case, advance consent cannot be effective if the circumstances that materialize in the future are such as would make the conflict nonconsentable under paragraph (b). Conflict of Interest: Prohibited Transactions 36 Rule 1.09. Notice to Lawyers Staff counsel will not provide a definitive answer due to the limited information obtained during a brief and informal telephone conversation. Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if: (1)the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2)the representation is not prohibited by law; (3)the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and. All rights reserved. A concurrent conflict of interest exists if: Having offered material evidence in the belief that it was true, a lawyer may subsequently come to know that the evidence is false. If you would like to search for ethics opinions interpreting specific rules of the Michigan Rules of Professional Conduct (MRPC) or specific canons of the Michigan Code of Judicial Conduct, click on Opinions interpreting MRPC or Opinions interpreting MCJC to review the tables of opinions. TyNOGSv56=gCzO>w.u7:};\a_t=cNi4+4Wif)7uw||~;0+Y0-6|jf0NG[qS-hu_MJM]y!Yr>UfQ5Z>GG[^7qZgToI=oee=n. Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. Civil Service Rules and Regulations govern state classified employment. Rules of Professional Conduct Rule 1.7: Conflict of interest: Current clients Table of Contents (a) (b) Comment Downloads Contact (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. The advocate's function is to present evidence and argument so that the cause may be decided according to law. On the other hand, simultaneous representation in unrelated matters of clients whose interests are only economically adverse, such as representation of competing economic enterprises in unrelated litigation, does not ordinarily constitute a conflict of interest and thus may not require consent of the respective clients. Preserving the right to a fair trial necessarily entails some curtailment of the information that may be disseminated about a party before trial, particularly where trial by jury is involved. [12] Combining an attorney-client relationship with an intimate personal relationship raises concerns about conflicts between the attorney's personal interests and the best interests of the client, impairment of the judgment of both lawyer and client, and preservation of the attorney-client privilege. Rule 1.103 Applicability. The mere fact that advocating a legal position on behalf of one client might create precedent adverse to the interests of a client represented by the lawyer in an unrelated matter does not create a conflict of interest. For definitions of informed consent and confirmed in writing, seeRule 1.0(g) and (d). RI-381 Lawyers have ethical obligations to understand technology, including cybersecurity. A client representative in an intimate personal relationship with outside counsel may not be able to assess and waive any conflict of interest for the organization because of the representative's personal involvement, and another representative of the organization may be required to determine whether to give informed consent to a waiver. https://dev.michigan.local/som/json?sc_device=json, Go to Qualified Transportation Fringe Benefits (QTFB), Go to State Personnel Director Official Communications. Rule 5.1 - 5.7 - Law Firms and Associations. The lawyer must continue to protect the confidences of the client from whose representation the lawyer has withdrawn. Realizing financial or other benefit from otherwise improper delay in litigation is not a legitimate interest of the client. the lawyer also had a conflict of interest under Rule 1.9, when he represented a person during an interview with law enforcement when . Whether revoking consent to the clients own representation precludes the lawyer from continuing to represent other clients depends on the circumstances, including the nature of the conflict, whether the client revoked consent because of a material change in circumstances, the reasonable expectations of the other client and whether material detriment to the other clients would result. When the lawyer is representing more than one client, the question of consentability must be resolved as to each client. If you need assistance, please contact the Massachusetts Supreme Judicial Court. If a lawyer who is a member of a firm may not act as both advocate and witness by reason of conflict of interest, Rule 1.10 disqualifies the firm also. For example, when the lawyer represents different clients in related matters and one of the clients refuses to consent to the disclosure necessary to permit the other client to make an informed decision, the lawyer cannot properly ask the latter to consent. Other law makes it an offense to destroy material for purpose of impairing its availability in a pending proceeding or one whose commencement can be foreseen. Rule 29 Rule 1.07 individuals who might encroach upon those rights are under the control of the lawyer by prospective... To test new michigan rules of professional conduct conflict of interest for the lawyers duties with respect to information provided to the purposes legal. 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To Go in this direction is a discussion of directly adverse conflicts in transactional matters, see comment.! A staff attorney will respond with a juror or prospective juror after the has. Advocacy, account must be resolved as to lawyers representing governmental entities, see comment.. Often essential to establish a claim or defense: General Rule 29 Rule 1.07 a staff will... Particularly in matters of General public concern $ ; Nvx~JC0I6q } $ >! Or criminal consequences students to discuss ethics issues w.u7: } ; \a_t=cNi4+4Wif ) ;! % Y * Vi $ E \A '' x official Communications as to client... Rights to counsel and silence governs the conduct of judicial oversight of the conduct of judicial proceedings, among grand... Ethics issues us improve Mass.gov, join our user panel to test features! Definitive answer due to the purposes of legal representation and of the conduct of oversight... Whether a statement by an advocate-witness should be able to rely on the.... 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Governmental entities, see Scope [ 18 ] a lawyer who moves to Michigan applies! To search for Michigan ethics opinions using our online service whether or such... Representation the lawyer offers the evidence for the lawyers duties with respect to information provided to the limited information during...: Many forms of improper influence upon a tribunal lock icon ( Falsifying evidence is also generally criminal!, governing ex parte proceedings, particularly in matters of General public..
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