In case you missed it last month, CBA-CLE held a program entitled Lawyers’ Duty of Candor to the Tribunal and Remedial Measures in Civil Actions and Proceedings on September 20, 2011. The program addressed the prohibition against offering false evidence, the duty to take remedial measures, and the duty to correct false statements by the lawyer set forth in Rule 3.3 of the Colorado Rules of Professional Conduct. The program also looked at the knowledge and materiality elements of the Rules, the duration of the lawyer’s duties under the Rule, and the steps that the lawyer must take when confronted with this problem of material false evidence.
Overall, the program was a great way for lawyers to make sure they are in compliance with the ethical rules and to learn how to face these tough ethical dilemmas that are bound to arise at some point in your practice.
And, the program couldn’t have been more timely. After it concluded, the the CBA Ethics Committee released its final, edited version of Formal Opinion 123, “Candor to the Tribunal and Remedial Measures in Civil Proceedings.” It will be published in the December 2011 issue of The Colorado Lawyer, but you can read it here now first. The opinion provides a detailed analysis of the issues, followed by four illustrations designed to provide more practical guidance to lawyers facing these situations.