Duty to Court Flashcards
Duty to not knowingly offer false evidence
Lawyer MUST not offer evidence lawyer KNOWS is false
Lawyer MAY refuse to offer evidence lawyer REASONABLY BELIEVES is false, EXCEPT criminal defendant’s testimony on their own behalf
If lawyer offers evidence and later discovers it’s false, lawyer must take reasonable remedial measures:
* (1) tell client to cooperate in withdrawing/correcting it
* (2) if it doesn’t work, withdraw from representation or try to strike evidence
* (3) if all fails, disclose situation to judge (CA does NOT allow this bc it violates confidentiality)
Follow above steps if lawyer KNOWS criminal defendant (client) intends to testify falsely
* CA: If #1 and #2 don’t work, D’s testimony can be given in narrative form
Put another way, the ABA rule provides that the duty of candor to the tribunal supersedes the duty of confidentiality, and the California rule takes the opposite view.
