Multistate Professional Responsibility Exam Practice Question
During a trial, an attorney realizes that a statute they cited as supporting their argument has been overturned by a higher court. What should the attorney do to uphold their duty of candor to the tribunal?
Ignore the change and proceed to advocate.
Withdraw your oral motion or argument.
Inform the court that the statute has been overturned and modify the argument appropriately.
Continue using the statute to support the argument, believing it still holds persuasive value.
The attorney should inform the court that the statute has been overturned and adjust their argument accordingly. This action ensures honesty and transparency, aligning with the duty of candor to the tribunal. Failing to disclose the change or continuing to rely on the invalidated statute would violate ethical obligations.
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