Candor Toward Tribunal: Which action is considered a reasonable remedial measure when a misstatement is discovered?

Candor Toward Tribunal: Which action is considered a reasonable remedial measure when a misstatement is discovered?

• A. Disclose to the tribunal the material facts known that enable the tribunal to make an informed decision.
• B. Hide the misstatement to avoid embarrassment.
• C. Seek to withdraw the case from the tribunal.
• D. Delay remedy until after sentencing.

Answer: (A)

When a misstatement is discovered, the lawyer must act to repair the record by being candid with the tribunal. Disclosing the material facts known so the tribunal can make an informed decision respects the duty of candor toward the tribunal and helps ensure the proceedings are based on complete and accurate information. This prompt corrective action prevents the case from being decided on misleading or incomplete facts and maintains the integrity of the process. Hiding the misstatement would perpetuate deception and undermine trust in the proceedings. Delaying remedy until after sentencing delays correction and can let the misstatement influence outcomes. Seeking to withdraw the case is a drastic step not required as a general remedy for a misstatement discovered during proceedings and doesn’t address the need to fix the record promptly. So the most appropriate action is to disclose the material facts to allow proper consideration and correction by the tribunal.

When a misstatement is discovered, the lawyer must act to repair the record by being candid with the tribunal. Disclosing the material facts known so the tribunal can make an informed decision respects the duty of candor toward the tribunal and helps ensure the proceedings are based on complete and accurate information. This prompt corrective action prevents the case from being decided on misleading or incomplete facts and maintains the integrity of the process.

Hiding the misstatement would perpetuate deception and undermine trust in the proceedings. Delaying remedy until after sentencing delays correction and can let the misstatement influence outcomes. Seeking to withdraw the case is a drastic step not required as a general remedy for a misstatement discovered during proceedings and doesn’t address the need to fix the record promptly. So the most appropriate action is to disclose the material facts to allow proper consideration and correction by the tribunal.