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In some jurisdictions, however, courts have required counsel to present the accused as a witness or to give a narrative statement if the accused so desires, even if counsel knows that the testimony or statement will be false.The obligation of the advocate under the Rules of Professional Conduct is subordinate to such requirements.
A lawyer does not violate this Rule if the lawyer offers the evidence for the purpose of establishing its falsity. If a lawyer knows that the client intends to testify falsely or wants the lawyer to introduce false evidence, the lawyer should seek to persuade the client that the evidence should not be offered.
Because of the special protections historically provided criminal defendants, however, this Rule does not permit a lawyer to refuse to offer the testimony of such a client where the lawyer reasonably believes but does not know that the testimony will be false.
Unless the lawyer knows the testimony will be false, the lawyer must honor the client’s decision to testify. Remedial Measures Having offered material evidence in the belief that it was true, a lawyer may subsequently come to know that the evidence is false.
A proceeding has concluded within the meaning of this Rule when a final judgment in the proceeding has been affirmed on appeal or the time for review has passed.
Ex Parte Proceedings Ordinarily, an advocate has the limited responsibility of presenting one side of the matters that a tribunal should consider in reaching a decision; the conflicting position is expected to be presented by the opposing party.
A lawyer is not required to make a disinterested exposition of the law, but must recognize the existence of pertinent legal authorities.
Furthermore, as stated in paragraph (a)(2), an advocate has a duty to disclose directly adverse authority in the controlling jurisdiction that has not been disclosed by the opposing party. This Rule governs the conduct of a lawyer who is representing a client in the proceedings of a tribunal.See Rule 1.0(m) for the definition of "tribunal." It also applies when the lawyer is representing a client in an ancillary proceeding conducted pursuant to the tribunal’s adjudicative authority, such as a deposition.See also Comment . The prohibition against offering false evidence only applies if the lawyer knows that the evidence is false.A lawyer’s reasonable belief that evidence is false does not preclude its presentation to the trier of fact.Representations by a Lawyer An advocate is responsible for pleadings and other documents prepared for litigation, but is usually not required to have personal knowledge of matters asserted therein, for litigation documents ordinarily present assertions by the client, or by someone on the client's behalf, and not assertions by the lawyer. However, an assertion purporting to be on the lawyer's own knowledge, as in an affidavit by the lawyer or in a statement in open court, may properly be made only when the lawyer knows the assertion is true or believes it to be true on the basis of a reasonably diligent inquiry.