I. Introduction

• Library: Professional Responsibility in Litigation (ABA) (2016 Ed.)

I. Introduction

It is difficult to describe just how high a value we place on honesty. The importance of honesty is an established part of American folklore, as countless schoolchildren have heard the inspiring (although, ironically, false) tale of George Washington chopping down the cherry tree and thereafter telling his father, "I cannot tell a lie." President Abraham Lincoln has long been fondly described as "Honest Abe." We preach the virtue of honesty to our children and scold or punish them if we catch them in a lie. It is a tremendous insult to be called a liar, and to call someone else a liar is a damning indictment. Many schools have honor codes, and even those that do not rigorously discipline students for academic dishonesty.

The law places an exceptionally high value on lawyers' honesty.¹ For example, Model Rule of Professional Conduct 4.1(a) mandates lawyers' honesty in communications with others.² Model Rule 8.4(c) and state analogs broadly prohibit conduct "involving dishonesty, fraud, deceit or misrepresentation."³ Courts discipline lawyers for Rule 8.4(c) violations arising out of lawyers' conduct unrelated to the practice of law.⁴ Courts routinely assert that all lawyers must be honest at all times,⁵ remind the bar that candor and truthfulness are two of the most important character traits of lawyers,⁶ proclaim honesty to be "of paramount importance in the practice of law,"⁷ and make hortatory statements about truth being "the cornerstone of the judicial system" and a license to practice law requiring "allegiance and fidelity to truth."⁸

Honesty is especially critical in lawyers' dealings with tribunals.⁹ No matter how diligent they may be, judges and their law...