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RULE 4-3.3 CANDOR TOWARD THE TRIBUNAL
(a) False Evidence; Duty to Disclose. 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 a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client;(3) 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
(4) offer evidence that the lawyer knows to be false. A lawyer may not offer testimony that the lawyer knows to be false in the form of a narrative unless so ordered by the tribunal. 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 that the lawyer reasonably believes is false.
(b) Criminal or Fraudulent Conduct. 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.
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Alright, now go and file a complaint against that Florida lawyer who knows they are participating in fraud against you.
Lit Gant
Rule 3.3 does not appear to be enforced by many of the members of the bar or by the Florida Board of Bar Examiners.
ReplyDeleteI am not sure what I can post at this time, but recognize that the rules related to confidentiality have been challenged by federal court cases - and the Florida bar lost. The federal courts in several cases said that the laws or rules were too restrictive and infringed on first amendment rights.
Ironstone44
Lying Attorney's have obtained a license to steal!! And the Courts are allowing it because the Judges are lying Attorney's as well! We have NO JUSTICE in America...zero!
ReplyDelete