duty of candor Flashcards

1
Q

duty of candor - frivolous claim

A

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.

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2
Q

duty of candor to court

A

An attorney must not engage in conduct involving dishonesty, fraud, or misrepresentation.

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3
Q

duty to present facts and evidence truthfully

A

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

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