#60 · 2026-10-05 · Legal term
Duty of candor to the tribunal
Answer: Duty of candor to the tribunal. Under Model Rule 3.3 analogues, lawyers must not knowingly misstate law or fact, must correct material errors, disclose controlling adverse authority, and remedy false evidence; duties continue through the proceeding and include ex parte disclosures. States vary: Pennsylvania requires disclosure even if confidentiality is implicated, while North Dakota restricts disclosing a client’s false testimony but requires withdrawal and forbids using it.
Rule to remember
Duty of candor to the tribunal: an attorney’s obligation under Rule 3.3 (and state analogues) to ensure the court is not misled by false statements, false evidence, or undisclosed controlling adverse law, including special duties in ex parte proceedings and continuing duties through the end of the matter.
Key elements and checks
- No knowingly false statements of fact or law; correct prior material falsehoods.
- Disclose controlling adverse legal authority not raised by the opponent.
- Do not offer evidence known to be false; take reasonable remedial measures upon discovering falsity.
- Duties persist to the conclusion of the proceeding.
- In ex parte matters, disclose all material facts necessary for an informed decision.
- Jurisdictional variation: some require disclosure even if confidentiality is implicated; others restrict disclosure of client perjury but require withdrawal and bar using the testimony.
In the source’s words
“A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal”
North Dakota Rule of Professional Conduct 3.3 – Candor Toward the Tribunal
“The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding”
204 Pa. Code r. 3.3 – Candor Toward the Tribunal (LII)
Meaningful state variation exists. For example, Pennsylvania extends the duty even if disclosure reveals confidential information (r. 3.3(c)), while North Dakota limits disclosure of a client’s false testimony, instead requiring withdrawal and forbidding use of the testimony (r. 3.3(a)(3) and related commentary).