Tag Archives: duty of candor
Lawyers Must Cite the Law Correctly–And Disclose Adverse Authority
LAWYERS MUST DISCLOSE KNOWN & CONTROLLING LEGAL AUTHORITY A lawyer’s duty of candor includes both positive and negative duties relating to legal authority. When presenting arguments and evidence to a court or other tribunal: A lawyer must: Use only means that are consistent with the truth (California Business & Professions Code Section 6068(d)) Disclose… Read More »
Can Lawyers Lie to the Court?
Short answer: NO. LAWYERS HAVE A “DUTY OF CANDOR” TO COURTS AND OTHER TRIBUNALS When a lawyer represents a client in front of a “tribunal” (which includes not only litigation in a trial court or on appeal, but arbitration and other formal dispute resolution proceedings also) the lawyer cannot: Knowingly lie, or make false… Read More »
Lawyers Have a Duty to Tell the Truth
LAWYERS HAVE A DUTY TO “EMPLOY MEANS CONSISTENT WITH THE TRUTH.” There are so many jokes about lawyers being dishonest that it surprises many people to learn that lawyers have a duty to tell the truth. California Business & Professions Code Section 6068, which establishes (some) of the duties of lawyers, says that every… Read More »
