As an advocate, when do I have a duty to tell the court of a case or a statute or an administrative ruling that may not be favorable to the position I am asserting?
The question is an interesting one. The Rules of Professional Conduct provide a balance between zealous advocacy and the duty of candor to the court. The rules never envisioned a lawyer to be an impartial summarizer of cases. Obviously, an advocate has a duty to set forth his or her position as strongly and vigorously as he or she can. Failure to be persuasive on behalf of a client would be a dereliction of the duty a lawyer has to the client.
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