Ethics Forum: Questions and Answers on Professional Repsonsibility
I was in court the other day for argument before the judge on a legal issue. After opposing counsel finished his argument—but before I could start—the judge made a decision and ruled in my favor. But I am aware that there is case law on point argumentative. What obligation do I have, if any, to so advise the judge?
May 02, 2019 at 01:24 PM
8 minute read
If a lawyer knows something is incorrect, the lawyer must provide that information to the court.
I was in court the other day for argument before the judge on a legal issue. After opposing counsel finished his argument—but before I could start—the judge made a decision and ruled in my favor. But I am aware that there is case law on point argumentative. What obligation do I have, if any, to so advise the judge?
The question is an interesting one and perhaps a good one for a law school ethics examination. But the answer is fairly clear. The lawyer must disclose the adverse case law to the court. Zealous representation does not allow a lawyer to stand by when the court is making serious judicial error based when there is enough case law to the contrary.
The appropriate Rule of Professional Conduct is Rule 3.3 titled, “Candor to the Tribunal.” Under Rule 3.3(a)(2), the following is noted: “A lawyer shall not knowingly fail to disclose to the tribunal legal authority in the 'controlling jurisdiction' known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.”
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