Wednesday, April 1, 2009

BNA Lawyers' Manual article on Candor to the Tribunal

The most recent ABA/BNA Lawyers' Manual on Professional Responsibility has a good article summarizing the state of the law related to an attorneys' duty of candor to the tribunal. It discusses the following topics. among others:

False Factual Statements
Immaterial Statements
Omissions as Misrepresentations
Limits to the Duty to Disclose
False Statements of Law
The Duty to Correct False Statement
The Duty not to offer False Evidence
Evidence Believed to Be False
The Duty to Disclose Adverse Legal Authority
Duties During Ex Parte Proceedings
Duties related to False Evidence Already Offered
The Duration of the Candor Obligation

The article can be found here, although I am not sure if the link will work if you don't have a subscription to BNA. If it doesn't, look for the article with this citation: 25 Law. Man. Prof. Conduct 174.

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