C. Restrictions On Advocacy In Court Proceedings, Cal. Prac. Guide Prof. Resp. Ch.

8-C

Cal. Prac. Guide Prof. Resp. Ch. 8-C

California Practice Guide: Professional Responsibility
Paul W. Vapnek, Mark L. Tuft, Ellen R. Peck and Justice Howard B. Wiener (Ret.)
Chapter 8. Advocacy And Representation
C. Restrictions On Advocacy In Court Proceedings

9. [8:276] General Prohibition on Deceptive Acts: Attorneys are required to refrain from deceptive acts,
without qualification. [Rodgers v. State Bar (1989) 48 C3d 300, 315, 256 CR 381, 389; see also Bus. & Prof.C.
6068(d) (must employ means only as are consistent with truth)]
b. [8:278] Filing false documents or making false statements to court: Lawyers are prohibited from
misleading judges, judicial officers, or juries by artifice or false statements. [See CRPC 5200(B); see also
Bus. & Prof.C. 6068(d); Maltaman v. State Bar (1987) 43 C3d 924, 957958, 239 CR 687, 707
knowingly presenting false order to a judge; Eschwig v. State Bar (1969) 1 C3d 8, 18, 81 CR 352, 359
lawyer disbarred for misleading probate court about estate assets to prevent scrutiny of lawyers acquisition
of estate property from client]
A lawyers duty of zealous advocacy is no defense to acts of falsifying court documents or concealing
information when under a duty to disclose. [See Lebbos v. State Bar (1991) 53 C3d 37, 45, 278 CR 845,
849]
c. [8:280] Concealment of material facts: It is settled that concealment of material facts is just as
misleading as explicit false statements, and accordingly, is misconduct calling for discipline. [Di Sabatino v.
State Bar (1980) 27 C3d 159, 162163, 162 CR 458, 459460misleading bail commissioner by failing to
disclose 2 prior bail reduction motions; Best v. State Bar (1962) 57 C2d 633, 21 CR 589, 591592attorney
disbarred for improper solicitation and lying to federal judge; Glade v. Glade (1995) 38 CA4th 1441, 1457,
45 CR2d 695, 706, fn. 16lawyer criticized for lack of candor under CRPC 5200 for failing to apprise
court of existing stay order lawyer believed was invalid]
1997-2012 by The Rutter Group, a Thomson Reuters Business
(2012)End of Document

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2012 Thomson Reuters. No claim to original U.S. Government Works.