RPC 3.3(c) addresses the uncomfortable situation when a lawyer “has offered material evidence and comes to know of its falsity[.]”
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RPC 3.3(c) addresses the uncomfortable situation when a lawyer “has offered material evidence and comes to know of its falsity[.]”
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Upon discovering that an earlier statement is not correct, three questions typically race through a lawyer’s mind: (1) Was the statement “material”? (2) How do I correct it? and (3) How long does the duty to correct last? In this column, we’ll look at all three.
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For a one-line rule, RPC 1.3 on diligence produces a disproportionate share of professional discipline: 9 percent of disciplinary cases in Washington last year included violations of RPC 1.3.
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Dealing with unrepresented persons is so common across practice areas that we rarely stop to think about it, but the risks flowing from RPC 4.3 are many and varied.
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Even a cursory electronic search of Washington trial and appellate decisions will reveal that sanctions motions are relatively common.
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In this column, Mark J. Fucile surveys the differing risk management considerations involved with legal assistants.
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