Also known as: candor towards the tribunal · candor to the tribunal · duty of candor toward the tribunal · Rule 3.3 · duty of candor
Written by attorneys · grounded in primary & secondary sources — see below
An ethical obligation that requires a lawyer to refrain from knowingly making false statements of fact or law to a tribunal. The obligation extends to correcting any material misstatement previously made.
Craig Caldwell tells his lawyer he intends to testify that he was not at the scene of the robbery. The lawyer knows the testimony would be false. After attempting to dissuade Caldwell, the lawyer informs the court that the client intends to commit perjury and refuses to present the testimony.
After submitting an application for bar admission, Cynthia Cortez's lawyer learns that a statement in the filing was materially false. The lawyer promptly corrects the misstatement with the admissions authority.
Select any source to read its text and confirm it supports the definition.
Yes. The rule requires correction of any material misstatement previously made to the tribunal or admissions authority of which the lawyer becomes aware.
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A subordinate lawyer is protected only when the supervisor's resolution of an arguable question of professional duty is reasonable. If the resolution is unreasonable, the subordinate remains subject to discipline for complying.
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Yes. An applicant or a lawyer providing information in connection with a bar admission application must not knowingly make a false statement of material fact to the admissions authority.
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The lawyer must first attempt to dissuade the client. If that fails, the lawyer must consider withdrawal and, if necessary, disclose the perjury to the tribunal as a reasonable remedial measure.
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