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Tag Archives: ABA Model Rules

Threading the needle: The duty to disclose bad facts to a tribunal

All ethics rules involve balancing lawyers' duties to their clients and their duties to others. Litigation ethics rules involve an additional balance. Those rules reflect two competing views of the courtroom - a place where justice is done, and a place where competing adversaries try to win. The tension inherent in these competing views appears in the evolving ethics rules governing litigants' duty to advise a tribunal of bad facts.

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