Lawyers are bound by strong ethical duties, such as the duty of candor. It is generally accepted that a lawyer’s duty of candor and obligation to be honest applies when a lawyer is appearing in court, engaged in public life, or acting within the community. Lawyers sometimes face grievances or reprimand from the bar when they act in a way that reflects poorly on the profession as a whole or suggests that lawyers are not trustworthy.

In May 2024, the District of Columbia Board on Professional Responsibility recommended that former New York City mayor Rudy Giuliani’s license to practice law be revoked in light of his post-election activity. Primarily, the bar focused not just on the allegations that Mr. Giuliani had engaged in frivolous litigation, but the view that he had not been honest regarding whether there was factual or legal support for his claims, explaining: “We recognize that disbarment has not been imposed in other frivolous litigation cases, but none of those cases involve the aggravating factors presented here. … We conclude that disbarment is the only sanction that will protect the public, the courts, and the integrity of the legal profession, and deter other lawyers from launching similarly baseless claims in the pursuit of such wide-ranging yet completely unjustified relief.” The Board of Professional Conduct ultimately concluded that Mr. Giuliani was unable to provide sufficient “objectively reliable evidence” to support his claims. Thus, lawyers are well-served by understanding where the lines are when it comes to the duty of candor and the obligation to be truthful. Here are some tips.

Mere Puffery Is Permitted