It has come to my attention that a client, during a deposition, may have testified to a material fact that was incorrect, but I am not sure. What remedial steps, if any, am I obligated to take?
To answer the question, Rule of Professional Conduct 3.3, titled “Candor Towards the Tribunal,” has to be reviewed. That rule prohibits a lawyer from presenting false evidence. Under Rule 3.3(a)(3), if a lawyer later comes to know of the falsity of the information, the lawyer has to take remedial steps, including disclosure to the tribunal.
