Litigation and Other Forms of Advocacy
Advocates must press the client's case without corrupting the process. When the two duties collide, candor to the tribunal usually wins.
Candor and fairness
Rule 3.3 forbids false statements to a tribunal, requires disclosure of directly adverse controlling authority, and requires remedial measures, even disclosure, when the lawyer learns that material evidence offered is false. A criminal defendant may testify unless the lawyer knows the testimony is false. Rule 3.4 forbids obstructing evidence, paying fact witnesses for testimony, and stating personal opinions at trial.
Decorum, publicity, and witnesses
Rule 3.5 bars ex parte contact with judges and jurors during a proceeding. Rule 3.6 bars extrajudicial statements substantially likely to prejudice a proceeding, with listed safe harbors. Rule 3.7 bars a necessary witness from acting as trial advocate, though the firm may usually try the case. The study guide explains the remedial sequence for false evidence step by step.
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