Model Rule 3.3 prohibits the lawyer from doing what in court?

Study for the MPRE Rules Test. Utilize flashcards and multiple choice questions, each with hints and explanations. Prepare effectively for your exam!

Multiple Choice

Model Rule 3.3 prohibits the lawyer from doing what in court?

Explanation:
Under Model Rule 3.3, the lawyer must be candid toward the tribunal. In court, a lawyer may not knowingly offer or use evidence the lawyer knows to be false, and if the lawyer learns that evidence presented is false, the lawyer must take remedial measures to correct the record. Those steps include refraining from presenting the false evidence and taking action to rectify the situation, such as disclosing the falsity to the court and seeking to withdraw or correct the evidence already offered. This duty to avoid false evidence and to fix the record holds even if the client wants the evidence kept or used. The other options miss this core duty: knowingly offering false evidence is exactly what is prohibited, concealing exculpatory information would violate the obligation to be truthful and may require remedial steps, and discussing the case with the press involves different ethical rules and isn’t the focus of candor toward the tribunal.

Under Model Rule 3.3, the lawyer must be candid toward the tribunal. In court, a lawyer may not knowingly offer or use evidence the lawyer knows to be false, and if the lawyer learns that evidence presented is false, the lawyer must take remedial measures to correct the record. Those steps include refraining from presenting the false evidence and taking action to rectify the situation, such as disclosing the falsity to the court and seeking to withdraw or correct the evidence already offered. This duty to avoid false evidence and to fix the record holds even if the client wants the evidence kept or used. The other options miss this core duty: knowingly offering false evidence is exactly what is prohibited, concealing exculpatory information would violate the obligation to be truthful and may require remedial steps, and discussing the case with the press involves different ethical rules and isn’t the focus of candor toward the tribunal.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy