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. A lawyer may refuse to offer
evidence, other than the testimony of a defendant in a criminal
matter, that the lawyer reasonably believes is false.
(b) A lawyer who represents a client in an
adjudicative proceeding
and who knows that a person intends to engage, is engaging or has
engaged in criminal or fraudulent conduct related to the proceeding
shall take reasonable remedial measures, including, if necessary,
disclosure to the tribunal.
(c) The duties stated in paragraphs (a) and (b)
continue to the conclusion of the proceeding,
and apply even if compliance requires disclosure of information
otherwise protected by
Rule 1.6
(d) In an ex parte proceeding,
a lawyer shall inform the tribunal of all material facts known to
the lawyer that will enable the tribunal to make an informed
decision, whether or not the facts are adverse.