Candor Toward the Tribunal
What does "Candor Toward the Tribunal" mean in law?
Under Model Rule 3.3, a lawyer shall not knowingly make a false statement of fact or law to a tribunal, fail to correct a false statement of material fact or law previously made, or fail to disclose directly adverse legal authority in the controlling jurisdiction that opposing counsel has not disclosed. The duty of candor takes precedence over the duty of confidentiality when the two conflict, meaning a lawyer must disclose even client fraud on the tribunal. If a lawyer learns that a client or witness has offered false testimony, the lawyer must take reasonable remedial measures, which may include disclosure to the court if the client refuses to correct the record. This obligation continues until the proceedings conclude.
Definition
Under Model Rule 3.3, a lawyer shall not knowingly make a false statement of fact or law to a tribunal, fail to correct a false statement of material fact or law previously made, or fail to disclose directly adverse legal authority in the controlling jurisdiction that opposing counsel has not disclosed. The duty of candor takes precedence over the duty of confidentiality when the two conflict, meaning a lawyer must disclose even client fraud on the tribunal. If a lawyer learns that a client or witness has offered false testimony, the lawyer must take reasonable remedial measures, which may include disclosure to the court if the client refuses to correct the record. This obligation continues until the proceedings conclude.
Example
A litigator who discovers a binding appellate decision directly contrary to her position must disclose it to the court under Rule 3.3, even though opposing counsel failed to find the case and the disclosure may weaken her client's argument.