Professional Responsibility

Question 1

Duty of Candor (when lawyer made a statement…)

Answer 1

Lawyers are bound by duties of candor, fairness, and impartiality to the court.

Duty of Candor: A lawyer must ensure the truthfulness of statements to the court (made by themselves, their clients, and other witnesses).

A lawyer may not make any known false statement of fact or law, must correct any such materially false statement previously made and must disclose controlling legal authority directly adverse to the client’s position. Under CA RoPC, they also must not knowingly misquote any legal authority.

Lasts until final judgment on appeal or the time for appeal has passed.

E.g., [exam answers].