2.4 Lawyer as Advocate

• Library: Estate Planning in Virginia (Virginia CLE) (2018 Ed.)

2.4 LAWYER AS ADVOCATE

2.401 Candor Toward the Tribunal - Rule 3.3.

RULE 3.3. Candor Toward the Tribunal

(a) A lawyer shall not knowingly:

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(1)	make a false statement of fact or law to a tribunal;
(2)	fail to disclose a fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client;
(3)	fail to disclose to the tribunal controlling legal authority in the subject jurisdiction known to the lawyer to be adverse to the position of the client and not disclosed by opposing counsel; or
(4)	offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures.

(b) A lawyer may refuse to offer evidence that the lawyer reasonably believes is false.

(c) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer which will enable the tribunal to make an informed decision, whether or not the facts are adverse.

(d) A lawyer who receives information clearly establishing that a...