C. Candor to Tribunal Flashcards
1
Q
When may Lawyer be subject to discipline?*
A
Facts/Law
- Knowingly making false statement of fact/law to Court!!!
- Failing to correct previously made false statement of material fact/law!!!
- Failing to volunteer to Tribunal known material facts (ONLY ‘ex parte’ proceeding!!!)
- Failing to disclose DIRECTLY adverse decision/law of CONTROLLING jurisdiction (must disclose EVERYTHING)!!!
Evidence
- Knowingly/Reasonably knows of offering false evidence!!!
- NO duty to volunteer harmful evidence (vs own Client)!!!
- UNLESS Criminal Defendant’s testimony!!!
2
Q
What must Lawyer do if he has offered piece of evidence later discovered to be false?*
A
Try to persuade Client to rectify situation confidentially (duty lasts until end of proceedings, including appeals)!!!
Withdraw (if remedial towards situation)!!!
Disclose to Court!!!
3
Q
What must Lawyer do regarding criminal/fraudulent conduct that will corrupt the proceedings?
A
Take appropriate measures to prevent such conduct;
- Hiding/Destroying evidence
- Bribing witnesses
- Intimidating Juror
- Buying judges
- Failing to obey law/court order to disclose info
