Candor to Tribunal & Fairness
Professional Responsibility · Lesson 06
Candor to Tribunal & Fairness
這一課問的是：律師是否履行對法庭之坦率與對對方公平之義務？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Did the lawyer fulfill duties of candor to the tribunal and fairness to opposing party and counsel?
這一課問的是：律師是否履行對法庭之坦率與對對方公平之義務？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
MR 3.3
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Candor toward tribunal.
坦率。
false evidence
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Lawyer may not knowingly offer false evidence.
不實證據。
client perjury
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Lawyer must take remedial measures.
客戶偽證。
controlling adverse authority
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Must be disclosed if not disclosed by opposing.
控制性反向權威。
MR 3.4
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Fairness to opposing party.
公平。
ex parte communications
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Generally prohibited.
單方溝通。
withdrawal
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May be required to avoid violation.
退出。
Issue · what this lesson is really about
Did the lawyer fulfill duties of candor to the tribunal and fairness to opposing party and counsel?
這一課問的是：律師是否履行對法庭之坦率與對對方公平之義務？
Trigger words & phrases that should flag this issue:
falseperjuryconcealeddisclosureduty to disclose
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State MR 3.3 | Lawyer must not knowingly make false statements or offer false evidence to tribunal. | 律師不可故意對法庭作不實陳述或提出不實證據。 |
| Apply client perjury | If client commits perjury, lawyer must take remedial measures including disclosure if necessary. | 客戶偽證 → 須補救，必要時揭露。 |
| Apply controlling authority | Lawyer must disclose controlling legal authority directly adverse to client if not disclosed by opposing. | 須揭露控制性反向法律權威。 |
| Apply MR 3.4 | Lawyer must not obstruct evidence, falsify, or engage in trial misconduct. | 不可阻撓證據、偽造、或庭審不法。 |
Rule Sentence · the workhorse
Under MR 3.3, a lawyer must not knowingly make false statements or offer false evidence to a tribunal, must take remedial measures if client commits perjury, and must disclose controlling legal authority directly adverse to the client if not disclosed by opposing; MR 3.4 imposes parallel duties of fairness to opposing party and counsel.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人lawyer律師
Act 行為appearing before tribunal出庭
Object 對象tribunal + opposing party法庭 + 對方
Standard 法律標準MR 3.3 + 3.4MR 3.3 + 3.4
Consequence 後果candid and fair representation坦率公平代理
Casebook Snapshot · a real American case
Nix v. Whiteside
Holding. A criminal defense lawyer's refusal to assist a client in committing perjury, including by threatening to disclose the perjury, does not violate the defendant's Sixth Amendment right to effective counsel; the lawyer's ethical duty trumps the client's wish to commit perjury.
Why it matters. Nix: candor duties override even constitutional defense rights when the client wants to commit perjury.
Nix：坦率義務勝於協助偽證；不違反 6A。
Common Mistakes · what trips students
✗ confidentiality 永遠 prevails over candor。
✓ Candor to tribunal may override confidentiality.
坦率可勝於保密。
Mini IRAC · build the Application
Issue. Must lawyer L disclose to the court a controlling appellate decision directly adverse to L's client's position, where opposing counsel failed to cite it?
Rule. Under MR 3.3(a)(2), a lawyer must disclose to the tribunal legal authority in the controlling jurisdiction directly adverse to the client's position not disclosed by opposing counsel.
Application (model). L is aware of a controlling appellate decision directly adverse to L's client; opposing counsel has not cited it. Because MR 3.3(a)(2) imposes an affirmative duty to disclose controlling adverse authority not disclosed by opposing, the fact that the controlling authority is directly adverse and the opposing party has not cited it means L must disclose.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, L must disclose the controlling adverse authority.
MBE Check · multiple choice
During trial, L's client takes the stand and gives testimony that L knows is false. What must L do?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: