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Duty of Candor Towards the Tribunal, law homework help


have given you another link to an American Bar Association (ABA) Model

Rules of Professional Conduct. To answer these questions, you will need

to read the rules that deal with the duty of candor toward the tribunal,

or court. Read rules 3.3, 3.4, and 3.8, and feel free to do outside

research as well. Then answer these questions:

1. You work for a defense attorney who is too busy to spend much time

on this brief, which is a motion to suppress evidence seized from the

client pursuant to a search warrant. Several cases are adverse to the

client’s interests, given the facts of the case. Must you disclose

these cases to the court? What about the material facts that are

unfavorable to the client? If the attorney is required to address the

cases and the facts in the brief and in the oral argument, how might she

minimize the damage to the client’s case?

2. You work for a prosecutor in a serious criminal case involving what

appears to be a coerced confession. You also find out that the

defendant in the case was never read his Miranda rights before

the police began the custodial interrogation which resulted in a

detailed confession. There is other evidence linking the defendant to

the crime that was discovered, both before and after the confession (the

evidence discovered after the confession was discovered as a direct

result of the confession). What are your boss’ disclosure duties? You

are sure the defendant is guilty.…

to respond to at least two of your classmates’ submissions and to give
credit to your sources using Bluebook format! Additionally, your
primary submission to this forum must be AT LEAST 500 words in length

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