Candor in the Legal Profession: Your Obligations Under the ABA Model Rules of Professional Conduct
Pullman & Comley Professional Liability attorneys Meagan A. Cauda and Dana M. Hrelic authored the ABA Family Advocate article, "Candor in the Legal Profession: Your Obligations Under the ABA Model Rules of Professional Conduct," examining lawyers’ duties of candor to tribunals and fairness to opposing parties and counsel, with a focus on Rules 3.3 and 3.4 and their practical implications in traditional and modern legal contexts.
The article outlines Rule 3.3, which prohibits knowingly making false statements, failing to correct previously made false statements, or offering evidence known to be false, and Rule 3.4, which governs fairness toward opposing parties and counsel, including discovery, evidence handling, and communications with non-parties. Meagan and Dana stress that understanding the purpose behind these rules is essential, citing Penna v. United States, which explains that the duty of candor “is an integral part of ensuring that our system of justice functions properly because first and foremost an attorney is an officer of the court, an institution whose purpose is to seek the truth in order to do justice.”
The authors explore common scenarios that can trigger ethical considerations, such as encountering untrustworthy or false evidence provided by a client, learning of unauthorized property transfers, or discovering inaccuracies during depositions. They also note the growing role of artificial intelligence in legal research, which can generate “hallucinated” cases or arguments that, if relied upon without verification, may put an attorney at risk of violating Rule 3.3. In these circumstances, Meagan and Dana remind lawyers to take reasonable steps to verify information and, if necessary, take remedial action.
This article originally appeared in the ABA Family Advocate and is republished here with permission.