Perjury, False Evidence, Duty to Remediate

Question 2

What is the duty of candor to the tribunal?

Answer 2

A lawyer must not knowingly make false statements or fail to correct false statements, offer false evidence, or hide adverse legal authority.

Question 3

What is the lawyer’s duty if they discover false evidence has been offered?

Answer 3

They must take reasonable remedial measures, including disclosure to the tribunal if necessary.

Question 4

When is disclosure required to remedy false evidence?

Answer 4

When the lawyer has actual knowledge that the evidence is false and they were responsible for introducing it.

Question 5

What are the elements of perjury?

Answer 5

Knowingly making a materially false statement under oath.

Question 6

What are reasonable remedial measures under Rule 3.3?

Answer 6

Persuade the client to recant; if they refuse, do not use the false evidence and disclose if required.

Question 7

When does the duty to remedy false evidence end?

Answer 7

At the conclusion of the proceeding.