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Tips for Ensuring an Ethically Compliant Lateral Move
Formal Ethics Opinion 93-376 (downloadable pdf)
Formal Ethics Opinion 93-376 (downloadable pdf)
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The Lawyer's Obligation Where a Client Lies in Response to Discovery Requests In this context, the normal duty of confidentiality in Rule 1.6 is explicitly superseded by the obligation of candor toward the tribunal in Rule 3.3. The lawyer must first attempt to persuade the client to rectify the situation or, if that proves impossible, must herself take whatever steps are necessary to ensure that a fraud is not perpetrated on the tribunal. In some cases this may be accomplished by a withdrawal from the representation; in others it may be enough to disaffirm the work product; still others may require disclosure to opposing counsel; finally, if all else fails, direct disclosure to the court may prove to be the only effective remedial measure for client fraud most likely to be encountered in pretrial proceedings.
Product Details
Product Code
5611100376
Publication Date
8/1/1993 12:00:00 AM
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