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Model Rule of Professional Conduct 3.3

Model Rule of Professional Conduct 3.3

Definition

Rule that imposes on lawyers a duty of candor to tribunals. The rule prohibits lawyers from making false statements to a court, offering evidence known to be false, and failing to disclose legal authority in the controlling jurisdiction if the lawyer knows the authority is directly adverse to the client’s position and the authority has not been disclosed by opposing counsel. The rule also requires lawyers to take remedial measures if false material evidence has been offered or if the lawyer knows a person is about to engage, is engaging, or has engaged in criminal or fraudulent conduct related to the proceeding.

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