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Reply #17: ABA Model Rules of Professional Conduct (2004) > Rule 3.1 [View All]

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struggle4progress Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-15-09 12:23 PM
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17. ABA Model Rules of Professional Conduct (2004) > Rule 3.1
Meritorious Claims and Contentions

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law ...


ABA Model Rules of Professional Conduct (2004)> Rule 3.3

Candor Toward the Tribunal

(a) A lawyer shall not knowingly:

(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;

(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal ...

http://www.law.cornell.edu/ethics/aba/current/ABA_CODE....
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