Litigation & Advocacy · 10-16% of the exam

Night-before checklist

Chapter 13 · 8 items

Seven points, and the seventh is where the duty finally runs out.

Rule 3.1 sets a low bar: any good-faith argument clears it; probable loss alone never makes a position frivolous.
Financial advantage from otherwise improper delay is not a legitimate client interest under Rule 3.2.
Never knowingly make a false statement to a tribunal; correct any prior false statement of material fact or law as soon as you learn the truth, regardless of whether the court has acted on it.
Disclose adverse controlling authority not cited by opposing counsel; you may then distinguish it — artful distinction is permissible, concealment is not.
When false evidence surfaces, follow the three-step protocol: counsel the client, seek withdrawal, then disclose to the tribunal if all else fails.
Rule 3.3(b), adjudicative proceedings: take reasonable remedial measures (disclosure to the tribunal if necessary) when you know anyone, client or not, intends, is engaging, or has engaged in criminal or fraudulent conduct related to it.
Rule 3.3(d): in an ex parte proceeding, volunteer every material fact you know that will enable an informed decision, adverse ones included.
Candor overrides confidentiality; the duty runs until the proceeding fully concludes, not merely until trial closes.

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