Candor to the Tribunal Flashcards
1
Q
Duty of candor to the tribunal
A
Under ABA, a lawyer is prohibited from knowingly offering false evidence. California law requires a lawyer to employ only means consistent with the truth, and never seek to mislead any judicial officer by a false statement of fact or law.
2
Q
Remedial measures
A
Under ABA, if the lawyer knows of false testimony elicited from a person during an adjudicative proceeding, the lawyer must (1) take reasonable remedial measures to remonstrate the person confidentiality, (2) advise the person of the lawyer’s duty of candor to the tribunal and (3) seek withdrawal or correction of false evidence.
