Q: Dear Ethics Lawyer, I am a civil trial lawyer. I have a question about Rule 3.3 Candor to the Tribunal, which says that a lawyer shall not “knowingly” offer evidence that the lawyer knows to be false. On several occasions I have put a client witness on the stand whose testimony seems implausible in some regard, but I couldn’t prove it to be false, or have certainty that it was false. It makes me uncomfortable, but then again, sometimes the truth is stranger than fiction. Where is the line here? When do I “know” something to be false rather than just have a doubt or question about it?
Continue Reading June 16 Issue – What is “Knowingly”The twice-monthly “Dear Ethics Lawyer” column is part of a training regimen of the Legal Ethics Project, authored by Mark Hinderks, former managing partner and counsel to an AmLaw 200 firm. Read More
June 2025
June 2 Issue – Ex parte Contracts
By Mark Hinderks on
Q: Dear Ethics Lawyer, A judge has had an important motion under advisement for 22 months. I fear he may have misplaced or forgotten about it and may need a prompt. My client is also quite impatient and does not understand the delay. May I call the judge, or stop by chambers to inquire if and when a decision will be made, or if anything additional is needed from the parties? Are there other approaches that are appropriate?
Continue Reading June 2 Issue – Ex parte Contracts