New York City Bar Opinion 2013-2 - Duty to Disclose Fraud to the Court

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The Ethics Committee of the New York City Bar Association has issued an opinion that provides guidance on how to interpret and apply Rule 3.3(a)(3) of the NY Rules of Professional Conduct, which states: “If a lawyer, a 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.” Specifically, the opinion addresses (1) how long the obligation to correct the fraud lasts and (2) what measures are required to comply with the obligation.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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