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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