After Midterm 3.3 Flashcards
Does a duty exist to the client when the client perjures himself to the knowledge of the attorney?
No, such conduct by the client falls outside the attorney-client relationship
Rule 3.3
Candor to the Tribunal
Candor to the Tribunal
Rule 3.3
Rule 3.3 Candor Toward the Tribunal (_________________)
NEVER EVER lie to a Court!
Rule 3.3(a) A _________ shall not knowingly make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer.
lawyer
Rule 3.3(a) A lawyer ______ ______ knowingly make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer.
shall not
Rule 3.3(a) A lawyer shall not ___________ make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer.
knowingly
Rule 3.3(a) A lawyer shall not knowingly _______ ____ _____ ________ of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer.
make a false statement
Rule 3.3(a) A lawyer shall not knowingly make a false statement of ______ or ________ to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer.
fact or law
Rule 3.3(a) A lawyer shall not knowingly make a false statement of fact or law to a __________ or fail to correct a false statement of material fact or law previously made to the _________ by the lawyer.
tribunal
tribunal
Rule 3.3(a) A lawyer shall not knowingly make a false statement of fact or law to a tribunal or ______ to ________ a false statement of material fact or law previously made to the tribunal by the lawyer.
fail to correct
Rule 3.3(a) A lawyer shall not knowingly make a false statement of fact or law to a tribunal or fail to correct a _______ _________ of material fact or law previously made to the tribunal by the lawyer.
false statement
Rule 3.3(a) A lawyer shall not knowingly make a false statement of fact or law to a tribunal or fail to correct a false statement of ______ ______ or ______ previously made to the tribunal by the lawyer.
material fact or law
Rule 3.3(a) A lawyer shall not knowingly make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law ________ _______ to the tribunal by the lawyer.
previously made
You never get to know something is false and present it!!
!!
If could happen that you put it in pleading and then in discovery you find that it is wrong. You can amend the pleading when it is of material. Duty to fix it is contingent upon where there the fact is __________. Material – judgment call.
material
Rule 3.3(a)(2)
A ________ shall not knowingly fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
lawyer
Rule 3.3(a)(2)
A lawyer _____ _______ knowingly fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
shall not
Rule 3.3(a)(2)
A lawyer shall not ________ fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
knowingly
Rule 3.3(a)(2)
A lawyer shall not knowingly _____ ___ ______ to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.
fail to disclose
Rule 3.3(a)(2)
A lawyer shall not knowingly fail to disclose to the ___________ legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.
tribunal
Rule 3.3(a)(2)
A lawyer shall not knowingly fail to disclose to the tribunal _______ ________ in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.
legal authority
Rule 3.3(a)(2)
A lawyer shall not knowingly fail to disclose to the tribunal legal authority in the _________ _________ known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.
controlling jurisdiction
Rule 3.3(a)(2)
A lawyer shall not knowingly fail to disclose to the tribunal legal authority in the controlling jurisdiction _______ to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.
known