Also known as:Model Rules 3.3(a) · MR 3.3(a) · MRPC 3.3(a) · Rule 3.3 · Candor Toward the Tribunal
Written by attorneys · grounded in primary & secondary sources — see below
A rule of professional conduct that prohibits a lawyer from knowingly making a false statement of fact or law to a tribunal or failing to correct a false statement of material fact or law previously made to the tribunal by the lawyer. The rule also requires disclosure of directly adverse controlling legal authority in the jurisdiction when opposing counsel has not already done so. It imposes an ongoing duty of candor that continues through the conclusion of the proceeding and applies even when disclosure would otherwise reveal confidential information.
Sources & Authorities· 2 primary sources
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Cases
Model Codes
Casebooks
How it applies
Common Examples
2
Counsel Refuses Perjured Testimony
Maria Morales represents Michael Miller on criminal charges. Miller insists that Morales present testimony from a witness who will falsely claim an alibi. Morales learns the proposed testimony is fabricated and refuses to call the witness. She informs Miller that she will disclose the perjury to the court if he insists on proceeding with the false evidence. The court later learns of the attempt through proper channels and Miller's Sixth Amendment claim fails because counsel properly declined to assist in the fraud.
Lawyer Withholds Adverse Precedent
Megan Moore represents Mosaic Retail in a contract dispute pending before a state trial court. While drafting a summary judgment motion, Moore locates a recent appellate decision from the same jurisdiction that directly rejects the exact defense theory she plans to assert. Opposing counsel has not cited the case. Moore withholds the decision from the court and argues the motion without mentioning it. The court grants the motion unaware of the controlling authority, exposing Moore to discipline for breaching the duty of candor.
In re Amendments to the Rules Regulating the Florida Bar24 So.3d 63, 99 (Fla. 2009)
Common questions
Frequently Asked
4
When must a lawyer correct a false statement made earlier in the proceeding?+
A lawyer must correct a false statement of material fact once the lawyer acquires knowledge that the statement was inaccurate. The obligation attaches upon later discovery and continues until the proceeding concludes. Materiality depends on whether the fact bears on an issue the tribunal must decide.
Does a lawyer have to disclose adverse authority that is arguably distinguishable?+
A lawyer must disclose controlling authority from the same jurisdiction that is directly adverse to the client's position when opposing counsel has not cited it. Minor factual differences do not excuse nondisclosure when the case squarely undercuts the legal theory advanced. The duty exists to prevent the tribunal from acting under a misapprehension of governing law.
How does the duty of candor apply in ex parte proceedings?+
In an ex parte proceeding the lawyer must disclose all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts favor the client. The absence of opposing counsel heightens the obligation because the tribunal hears only one side. Failure to disclose material adverse information violates the rule.
Is the duty of candor limited to traditional courtrooms?+
The duty applies to any adjudicative body acting in a judicial or quasi-judicial capacity, including administrative agencies and professional responsibility boards. The rule protects the integrity of the decision-making process regardless of the forum's label.
Professional ResponsibilityLitigation and other forms of advocacy · Candor to the tribunalMPREFoundational