Explore the legal terms and concepts related to Candor. Click on any term below to learn more about its definition and applications.
How do the rules in California differ regarding how a lawyer balances their Duty of Candor with their criminal defendant client's right to testify if they believe the client intends to lie?
In both California and under the ABA rules, a criminal defendant’s constitutional right to testify m...
What is an ex parte proceeding, and how does it affect what a lawyer must disclose?
An ex parte proceeding is a legal term that refers to a motion, hearing, or order that is granted fo...
Can lawyers compensate witnesses?
A lawyer may pay basic expenses of a witness and reasonable fees to expert witnesses, so long as suc...
What is the Duty of Candor?
The duty of candor is the duty to present facts and evidence truthfully. An attorney must not make a...
What are the 9 Affirmative Duties of a Public Prosecutor?
A prosecutor in a criminal case has 9 affirmative duties: (1) Refrain from prosecuting a charge th...
According to the Duty Not to Contact Represented Parties, which individuals within an organization must an attorney obtain permission from the organization's lawyer before contacting directly?
A lawyer must get consent of the organization's counsel before communicating with a constituent of t...
What is the Duty to Produce Evidence?
A lawyer cannot suppress evidence that they or their client has a legal obligation to reveal or prod...
What is the Duty Not to Contact Represented Parties?
In the representation of a client, a lawyer must not communicate about the matter directly with anot...
What must a lawyer do if they know that their witness intends to lie in their testimony?
Under Rule 3.3, a lawyer cannot knowingly offer false evidence. Thus, where they know a witness (inc...
How must a lawyer balance their Duty of Candor with their criminal defendant client's right to testify if they believe they intend to lie?
Under Rule 3.3, as a criminal defendant has a constitutional right to testify, a lawyer must permit...
In California, can an attorney disclose information to set the record straight if one of their witnesses intends to lie?
No. Unlike the ABA rules, which permits this, California does not.
