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Document A-5827

AI Analysis

Summary: The deposition transcript shows Mr. Berke being questioned about his views on an attorney's duty to report juror misconduct to the court. He hesitates to give a simple yes or no answer, instead explaining that he would consult ethics rules and commentary in such a situation.
Significance: This document is potentially important because it reveals the witness's understanding of an attorney's obligations regarding juror misconduct, which could be relevant in a case where misconduct is alleged.
Key Topics: attorney ethics juror misconduct obligation to report misconduct
Key People:
  • Mr. Berke - witness being deposed

Full Text

C2rdau4 Berke - cross 370 1 forms a belief that a juror has engaged in misconduct, that 2 attorney is obligated to bring the misconduct to the attention 3 of the Court? 4 A. You're asking me an ethical question, a legal opinion. I 5 will tell you this -- 6 Q. Can you not answer that yes or no, Mr. Berke? 7 A. Well, I'd like -- 8 Q. I'm asking you a question, and I'll repeat it again. Maybe 9 you can't answer it yes or no; tell me if that's the case. If 10 an attorney forms a belief that a juror has engaged in 11 misconduct, do you believe that the attorney has an obligation 12 to bring it to the attention of the court? 13 A. I can't answer that yes or no. I can answer it, but I just 14 can't answer it yes or no. 15 Q. Really? You can't answer that question yes or no? That's 16 your testimony? 17 A. That's not how I would answer that question. 18 Q. Tell us how you would answer that question. 19 A. I will tell you that I have never confronted that issue at 20 trial in any trial I have done; that whenever I have an issue 21 that I think raises an ethical issue, I always do the same 22 thing. I always look to the ethics rules. I always look to 23 the ethics commentary. 24 I'm very familiar with the ethical rules. I'm 25 familiar with my obligations to my client, to the court, my SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300