Also known as: adjudicative proceedings · adjudicatory proceeding
Written by attorneys · grounded in primary & secondary sources — see below
A formal hearing or proceeding conducted before a tribunal that decides legal rights or obligations on the basis of presented evidence and argument. The tribunal may be a court, administrative agency, arbitration panel, or similar body exercising adjudicative functions.
Carter represents Lopez at a disciplinary hearing before a state bar panel. Lopez tells Carter he intends to testify that certain cashier's checks were loan repayments rather than trust-account withdrawals. Carter knows the testimony is false and that Lopez plans to mislead the panel. Carter must take reasonable remedial measures, including disclosure if necessary, to prevent the fraud on the tribunal.
A defense lawyer in a high-profile criminal case holds a press conference and states that the prosecution's key witness has a history of perjury. The statement is widely reported. The trial court must determine whether the comment created a substantial likelihood of material prejudice to the upcoming jury trial, subject to First Amendment limits on vague discipline rules.
Select any source to read its text and confirm it supports the definition.
A lawyer representing a plaintiff in a pending civil suit issues a press release detailing the defendant's alleged misconduct. The release is picked up by major news outlets. The lawyer must assess whether the statement will have a substantial likelihood of materially prejudicing the adjudicative proceeding before the court.
No. The duty applies whenever the lawyer knows that any person intends to engage, is engaging, or has engaged in criminal or fraudulent conduct related to the proceeding. This includes witnesses, employees, and other actors whose misconduct affects the tribunal.
Supporting sources
Any tribunal that functions in a judicial capacity qualifies, including courts, state public utilities commissions conducting rate hearings, environmental boards, federal administrative agencies, and private arbitrators. The key is that the body receives evidence and decides contested issues on the merits.
Supporting sources
The duty continues until the conclusion of the proceeding. If a lawyer later learns that material evidence offered by the client or a witness is false, the lawyer must take reasonable remedial measures, including disclosure to the tribunal if necessary, even if the evidence has already been admitted.
Supporting sources