Also known as: candour to the court · duty of candor to the court · duty of candor · Rule 3.3
Written by attorneys · grounded in primary & secondary sources — see below
An ethical obligation requiring a lawyer to refrain from knowingly making false statements of fact or law to a tribunal and to take reasonable remedial measures when a client or witness intends to or has offered material false evidence.
Defense counsel learns that the client plans to testify falsely about an alibi. Counsel first attempts to dissuade the client from committing perjury. When the client insists, counsel refuses to elicit the false testimony and informs the court that the client intends to commit perjury, prompting the court to appoint new counsel and preventing the introduction of the perjured evidence.
A lawyer receives secondhand reports of an applicant's prior dishonest conduct in vehicle sales. When the bar examiners ask about known incidents, the lawyer responds that there are no known incidents of dishonesty. The response is later reviewed because it contradicts information the lawyer had received from the applicant's former employer.
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The lawyer must first attempt to dissuade the client. If that fails, the lawyer may withdraw and, if necessary, disclose the perjury to the court as a remedial measure.
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Yes. Rule 8.1 prohibits a lawyer from knowingly making a false statement of material fact or failing to disclose a fact necessary to correct a misapprehension in connection with a bar admission application.
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No. Each lawyer remains personally bound by the rules of professional conduct. A subordinate may follow a supervisor's reasonable resolution of an arguable question, but must still ensure compliance with the duty of candor.
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A knowing false statement occurs when the lawyer has actual awareness that the representation contradicts known information. Unverified secondhand reports may not trigger the knowledge element if the lawyer reasonably limits the response to confirmed incidents.
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