Ethics Committee Advisory Opinion #1995-96/5
Presentation of False Evidence to a Tribunal by a Third Party Non-client
November 16, 1995
In a situation in which an attorney becomes aware that a third party non-client may have submitted false information to a tribunal, the attorney may not reveal the falsity of this evidence to the tribunal or to the third party unless the client consents. The attorney may terminate representation if this can be accomplished without adversely impacting on the interests of the client.
In a situation in which an attorney has reason to believe that misleading or false information has been submitted to an administrative tribunal:
- Does the attorney have an obligation to so inform the tribunal or to refrain from informing the tribunal?
- Does the attorney have an obligation to investigate the matter to determine whether the information submitted by the third party in indeed false?
- Does the attorney have an obligation to take remedial action to correct the misleading or false information, and if so, what remedial action is necessary?