MBE Rules · Professional Responsibility

Candor Toward the Tribunal

Cal. Rules of Prof. Conduct 3.3

The rule

A lawyer shall not knowingly make a false statement of fact or law to a tribunal, or fail to correct such a statement previously made. A lawyer shall not offer evidence the lawyer knows to be false; if false evidence has been offered, the lawyer must take reasonable remedial measures.

In plain English

Candor Toward the Tribunal requires lawyers to be truthful in their statements to courts and other legal bodies. This means they cannot knowingly lie or allow false evidence to go uncorrected, and if they discover that false evidence has been presented, they must take steps to remedy the situation.

Worked example

During a trial, a lawyer presents a witness who provides false testimony about an alibi. After realizing the witness lied, the lawyer must either correct the record or take steps to mitigate the impact of the false evidence. The lawyer's failure to act leads to disciplinary action for violating the rule of candor.

Memory hook

Truth is the best policy in the courtroom—no lies allowed!

The trap

Exams may present scenarios where a lawyer inadvertently presents false information, leading students to confuse negligence with knowing misconduct. It's crucial to identify whether the lawyer had knowledge of the falsehood.

How examiners test it

Questions often involve hypothetical situations where a lawyer must decide how to handle false statements or evidence, testing the candidate's understanding of their duty to the tribunal.

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