I recently had the privilege of working with two judges on different CLE programs, both dealing with the issue of candor to the tribunal. It’s a sticky, tricky subject — both for the bench and the bar.
The immediate thought most lawyers have when asked about the topic is citing adverse authority. That’s probably because our law school professors drummed it into our heads that judges need our help to get all the law on a topic so that they can make correct decisions. For my money, that part of the rule is probably outdated.
