Also known as:duty of candor · duties of candor · candor duty · Rule 3.3
Written by attorneys · grounded in primary & secondary sources — see below
An ethical obligation requiring lawyers and bar applicants to refrain from knowingly making false statements of material fact in connection with bar admission applications or disciplinary matters. The obligation further requires correction of known material misunderstandings that arise during those proceedings and response to lawful demands for information from admissions or disciplinary authorities.
Sources & Authorities
How it applies
Common Examples
2
Refusal to Present Perjured Testimony
Cameron Cruz, facing trial on drug charges, tells his lawyer Christopher Collins that he intends to testify he was out of state on the night of the alleged offense even though both know the testimony is false. Collins first urges Cruz to testify truthfully, then informs him that false testimony will not be presented and that disclosure to the court may follow if necessary. The court later learns of the attempted perjury through other means and convicts Cruz without the false testimony.
False Statement on Bar Application
Connor Clark applies for bar admission and answers no to a question about prior employment terminations for misconduct even though he was fired two years earlier after an internal investigation found he had improperly accessed confidential data. When the character and fitness committee later inquires, Clark again denies the termination. The knowing false statement on the application supports denial of admission.
Put it into practice
Test Yourself
10
Practice Questions5
· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Model Codes
Casebooks
Common questions
Frequently Asked
4
Does the duty of candor in bar admissions require an applicant to correct a known misunderstanding by the admissions authority?+
Yes. An applicant must correct a material misunderstanding that arises during the admissions process once the applicant becomes aware of it. The duty applies even if the original written disclosure was accurate as far as it went and even if the committee did not ask a follow-up question.
Supporting sources
Does a knowing false statement on a bar application remain sanctionable even if the applicant is later admitted?+
Yes. A knowing false statement of material fact on a bar application constitutes an independent professional offense that can support later discipline after admission as well as denial of admission itself.
Supporting sources
Is a lawyer who supplies information to a bar admissions committee subject to discipline for knowingly making a false statement of material fact?+
Yes. The rule applies to lawyers who provide information in connection with a bar admission application of another person as well as to the applicant. A lawyer who knowingly submits a false statement about an applicant's disciplinary history or litigation record violates the duty.
Supporting sources
Does deliberate failure to respond to a lawful written request for information from a bar admissions committee violate the duty of candor?+
Yes. An applicant or lawyer who receives a lawful demand for information and knowingly ignores it commits an independent professional offense even if the underlying conduct under investigation would not itself bar admission.
Supporting sources
Professional ResponsibilityRegulation of the legal profession · Admission to the professionMPREFoundational