Litigation and Advocacy
This chapter covers a lawyer's duties as an advocate: meritorious claims, candor to the tribunal, fairness to the opposing party, and proper trial conduct.
Meritorious Claims and Candor to the Tribunal
Under Model Rule 3.1, a lawyer may not bring a frivolous claim or defense, though a criminal defendant may still require the prosecution to prove every element. Under Model Rule 3.3, a lawyer must not knowingly make a false statement of fact or law to a tribunal, must correct prior false statements, and must disclose controlling legal authority directly adverse to the client's position that opposing counsel has not disclosed. If a lawyer learns that a client or witness has offered material false evidence, the lawyer must take reasonable remedial measures, which may include disclosure to the tribunal.
Fairness and Trial Conduct
Under Model Rule 3.4, a lawyer must not unlawfully obstruct access to evidence, falsify evidence, or coach a witness to testify falsely, and must not allude to irrelevant or unsupported matters at trial or state a personal opinion about the justness of a cause or a witness's credibility. Under Model Rule 3.5, a lawyer must not seek to improperly influence a judge or juror or engage in prohibited ex parte communications.