Skip to reading
MPRE.Rule3.3 Legal · MPRE / Bar

Candor toward the tribunal — Model Rule 3.3

Node 4 of 8 in MPRE

Objectives

  • Identify the key rules and §§ that apply to candor toward the tribunal — model rule 3.3.
  • Apply the MPRE.Rule3.3 knowledge element in a typical exam scenario.
  • Recognize common distractors and partial-credit answers.

Read

MPRE.Rule3.3 · MPRE.Rule3.4

Candor toward the tribunal — Model Rule 3.3

MPRE · Advocate (Rules 3.x) Model Rule 3.3 · Candor Toward the Tribunal

**Rule 3.3(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. • (2) Fail to disclose to the tribunal **legal authority in the controlling jurisdiction known to be directly adverse** to the position of the client and not disclosed by opposing counsel. • (3) Offer evidence the lawyer knows to be false. If the lawyer comes to know of the falsity after evidence has been offered, the lawyer shall take **reasonable remedial measures, including, if necessary, disclosure to the tribunal**.

**Rule 3.3(b):** A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage in, is engaging in, or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

**Rule 3.3(c):** Duties under (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**.

**Rule 3.3(d) — Ex parte proceedings:** 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.

**Adjacent rules:** Rule 3.1 (meritorious claims), Rule 3.4 (fairness to opposing party and counsel — no obstruction of evidence, no falsifying, no frivolous discovery), Rule 3.5 (no ex parte communications with jurors/judges), Rule 3.6 (trial publicity), Rule 3.7 (lawyer as witness — generally prohibited).

ABA Model Rule 3.3 Nix v. Whiteside, 475 U.S. 157 (1986)

Check yourself

3 quick questions — no score kept, just formative feedback.

Tutor

Scoped to MPRE.Rule3.3 · MPRE.Rule3.4 .

  1. Ask questions about this passage. Answers cite the specific corpus chunk and regulation. The tutor will never reproduce real exam items.