What must a Missouri lawyer do after learning that client-supplied information filed with a court may be false?

Plain-English summary

Using client-provided information, a lawyer filed a required dissolution form stating that four children primarily lived in the client's custody. The guardian ad litem then said that three had not lived with the client for several months.

The lawyer may consult the client and take other reasonable steps to determine whether the information is true. Knowledge under Rule 4-1.0(f) means actual knowledge and may be inferred. The lawyer resolves doubts in the client's favor but cannot ignore an obvious falsehood.

If the lawyer comes to know the filing is false, Rule 4-3.3(a)(3) requires reasonable remedial measures. The lawyer first explains the candor duty and seeks the client's cooperation in withdrawing or correcting the evidence. If the client refuses and withdrawal would not undo its effect, the lawyer must take further measures, including necessary disclosure to the tribunal despite Rule 4-1.6. Disclosure is limited to what is reasonably necessary.

Compliance with Rule 4-3.3 normally does not require withdrawal afterward. If the remedial process causes such extreme deterioration of the lawyer-client relationship that competent representation is impossible, Rule 4-1.16(a) requires the lawyer to seek leave to withdraw.

In practice

Under this opinion, information from the guardian ad litem prompts inquiry rather than an automatic conclusion. Once actual knowledge of falsity exists, the lawyer follows the Rule 4-3.3 remedial sequence through correction or necessary limited disclosure.

Common questions

Q: Must the lawyer accept the guardian ad litem's statement as conclusive?

A: The opinion permits consultation with the client and other reasonable steps to determine the truth or falsity of the filed information.

Q: When do remedial duties arise?

A: They arise when the lawyer knows the submitted evidence is false. Doubts are resolved for the client, but an obvious falsehood cannot be ignored.

Q: What should the lawyer ask the client to do?

A: Withdraw or correct the false evidence after the lawyer explains the duty of candor.

Q: What if the client refuses?

A: If withdrawal would not undo the effect, the lawyer must take further remedial measures, including disclosure to the tribunal if necessary.

Q: Is withdrawal always required after correction?

A: No. It is required only if extreme deterioration of the relationship prevents competent representation.

Background and rules framework

Rule 4-3.3(a)(3) supplies the false-evidence duty, and Rule 4-3.3(c) controls over confidentiality when disclosure is necessary. Rules 4-1.0(f), 4-1.2(g), 4-1.4, 4-1.6(c), and 4-1.16(a) govern knowledge, consultation, limited disclosure, and possible withdrawal.

Citations and references

Rules of Professional Conduct:

• Missouri Rules 4-1.0(f), 4-1.2(g), 4-1.4, 4-1.6, 4-1.6(c), 4-1.16(a), 4-3.3(a)(3), and 4-3.3(c)
• Missouri Rule 4-3.3 Comments [8], [10], and [15]

See also

• Missouri Informal Op. 2020-24: False Deposition Testimony
• New York Ethics Op. 1123: False Net-Worth Statement
• Illinois Advisory Op. 13-05: Client's False Evidence

Source

• Landing page: Missouri Informal Opinion 2020-25

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Based on information provided by Client, Attorney submitted to the court in a dissolution matter information in a required form stating that four children primarily reside in Client’s custody. Shortly thereafter, the Guardian Ad Litem appointed for the children told Attorney that three of the children listed on the form had not lived with Client for several months. What is Attorney’s ethical obligation regarding the submission?

ANSWER: Rule 4–3.3(a)(3) prohibits a lawyer from offering evidence the lawyer knows to be false. If Attorney has come to “know” that information submitted to the tribunal on behalf of Client is false, Rule 4–3.3(a)(3) requires Attorney to “take reasonable remedial measures, including, if necessary, disclosure to the tribunal.” “Know” denotes actual knowledge of the fact in question and may be inferred from the circumstances. Rule 4–1.0(f). Attorney should consult with Client and may take other reasonable steps as necessary to determine the truth or falsity of the information. Attorney should resolve any doubts about the veracity of the statements in favor of Client, but Attorney cannot ignore an obvious falsehood. Rule 4–3.3, Comment [8]. If Attorney comes to know the evidence is false, Attorney should remonstrate with Client, advising Client of Attorney’s duty of candor toward the tribunal and seeking Client’s cooperation in withdrawing or correcting the false evidence. See Rule 4–3.3, Comment [10]; see also Rules 4–1.2(g) and 4–1.4. If Client will not cooperate, and if withdrawing from the representation will not undo the effect of the false evidence, Attorney must take further remedial measures, including, if necessary, disclosure to the tribunal, even if the disclosure requires Attorney to reveal information that otherwise would be protected by Rule 4–1.6. Rule 4–3.3(c) and Comment [10]. Any disclosure to the tribunal would be limited to what is reasonably necessary to remedy the situation. Rule 4–1.6(c) and Comment [10]. Normally, Attorney’s compliance with Rule 4–3.3 does not thereafter require Attorney to seek leave to withdraw from the representation. See Rule 4–3.3, Comment [15]. However, if the remedial measures result in an extreme deterioration of the client-lawyer relationship such that competent representation cannot be provided, Rule 4–1.16(a) requires Attorney to seek leave to withdraw.