Under Model Rule 3.3, what should a lawyer do when a client intends to lie to the court?

Under Model Rule 3.3, what should a lawyer do when a client intends to lie to the court?

• A. Continue representing the client and argue the truth is not material.
• B. Ask the court to accept an amended statement.
• C. Explain the risks to the client and proceed.
• D. Refuse to present false evidence, correct false statements, and withdraw.

Answer: (D)

Rule 3.3 requires a lawyer to be candid with the tribunal and to avoid assisting a client’s deception. When a client intends to lie, the lawyer may not present or rely on false evidence or statements. The lawyer should first try to persuade the client to tell the truth and to correct any false statements. If the client refuses to abandon the plan to lie, the lawyer must take remedial steps, which include correcting false statements already made and, if necessary, withdrawing from representation to avoid aiding the deception. This duty protects the integrity of the proceedings and ensures the lawyer does not become a vehicle for perjury.

Rule 3.3 requires a lawyer to be candid with the tribunal and to avoid assisting a client’s deception. When a client intends to lie, the lawyer may not present or rely on false evidence or statements. The lawyer should first try to persuade the client to tell the truth and to correct any false statements. If the client refuses to abandon the plan to lie, the lawyer must take remedial steps, which include correcting false statements already made and, if necessary, withdrawing from representation to avoid aiding the deception. This duty protects the integrity of the proceedings and ensures the lawyer does not become a vehicle for perjury.