duty of candor Flashcards
duty of candor - frivolous claim
A lawyer has a duty to investigate the claims/ defenses/ arguments filed on behalf of a client. AND CANNOT FILE A FRIVLOUS CLAIM.. shall not bring or defend a proceeding unless there is a basis in law or fact for doing so. A lawyer may not bring an unwarranted claim. However , a lawyer is permitted to make a good faith argument for the extension or modification of existing law.
duty of candor to court
An attorney must not engage in conduct involving dishonesty, fraud, or misrepresentation.
duty to present facts and evidence truthfully
A lawyer has a duty to not 1) make a false statement of material fact 2) offer evidence she knows is false to a tribunal or 3) fail to correct a false statement of material fact or law that she previously presented.
lawyer must take reasonable remedial measures if they know they disclosed false information