Q: Dear Ethics Lawyer, I have a question about Model Rule 3.3 Candor to the Tribunal. I assisted a representative of a corporate client in testifying before a state legislative committee about an environmental matter. In follow-up conversations after the committee appearance, and with some additional investigation, I am concerned that the client spokesperson misrepresented the client’s lack of knowledge of an environmental condition of concern. Looking at Rule 3.3 (a)(3), it appears to me that if the legislative committee is a “tribunal,” I may have a duty to take “reasonable remedial measures” including, if necessary, disclosure of the falsity. Is a legislative committee a “tribunal” for this purpose? What are my obligations here?
Continue Reading September 15 Issue – Tribunal Under Rule 3.3The 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
Duties to Tribunals
June 2 Issue – Ex parte Contracts
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 ContractsDecember 2 Issue – Ethical Obligations – ex parte Hearings
Q: Dear Ethics Lawyer, I filed suit for a client, among other things seeking interim relief in the form of a temporary restraining order. I gave notice to the defendant of an immediate hearing on the motion. They quickly engaged an attorney who came to the hearing, but knows nothing about the case yet. Do I have an obligation to inform the court and opposing counsel of material facts that run against my effort to secure a TRO, in making my argument at the hearing?
Continue Reading December 2 Issue – Ethical Obligations – ex parte Hearings