Also known as: false statement of material fact · false statements of material facts · material false statement
Written by attorneys · grounded in primary & secondary sources — see below
A statement of fact that is untrue and concerns a matter important to the decision at hand. Lawyers are prohibited from knowingly making such statements to tribunals, third persons, or bar admissions authorities.
Saul told the court during a motion hearing that a treatment chart entry had been made contemporaneously with the patient visit. After the court relied on that representation to admit the chart, Saul learned from metadata that the entry had been added three days later. Because the trial remained ongoing, Saul had to correct the prior statement to the tribunal.
Mason submitted a certification letter to bar examiners stating that no issues had ever been raised about Deborah's honesty with regulators. Mason knew only of an earlier regulatory interview about trade backdating but chose to affirm the absence of any concerns. The letter created a false statement of material fact to a third person.
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Cole wrote a recommendation letter to the bar admissions authority describing Gerard as having an unblemished record and high integrity. Cole knew Gerard had received a prior nursing board reprimand for falsifying patient charts and had denied any discipline on the application. The letter constituted a knowing false statement of material fact in connection with a bar admission application.
Yes. Each of the rules requires that the lawyer act with knowledge that the statement is false. A negligent or mistaken statement does not violate the prohibition.
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Yes. The rules prohibit only false statements of material fact. Information is material when it would tend to influence the tribunal's or authority's determination, such as facts bearing on an applicant's character or the authenticity of evidence.
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Yes. Under Rule 3.3(a)(1), a lawyer must correct a false statement of material fact previously made to the tribunal once the lawyer learns of its falsity, and that obligation lasts until the conclusion of the proceeding.
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No. Rule 8.1(a) applies to knowing false statements of material fact made in connection with a bar admission application, even when the statement is made by a lawyer who is not the applicant but is providing information to the admissions authority.
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