Most attorneys take seriously their obligation to tell the truth when making representations to the court. But, in the heat of litigation or as part of an attorney’s attempt to act as a “zealous advocate” for their client, attorneys can sometimes (intentionally or not) make statements that may not be entirely accurate.

The risks of a misstatement to a judge are potentially severe, and a recent widely-publicized decision demonstrates that courts can impose harsh sanctions on both the attorney and the client if they find that the attorney lacked candor. In 2016, after finding that several Department of Justice attorneys defending the federal government made misstatements of fact in response to inquiries from the court during hearings and in pleadings, Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas imposed sanctions that are still discussed today due to their severity and breadth.

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