Litigation and Other Forms of Advocacy
Meritorious claims and candor
Rule 3.1 bars frivolous claims, but a lawyer may advocate in good faith for extending or reversing existing law. Rule 3.2 requires reasonable efforts to expedite litigation consistent with the client's interests. Rule 3.3 is the heart of this domain: no false statements of fact or law, a duty to correct a false statement the lawyer previously made, and a duty to disclose directly adverse controlling authority in the governing jurisdiction that opposing counsel has not disclosed. In ex parte proceedings the lawyer must disclose all material facts known that might affect the tribunal's decision.
If the lawyer discovers she has offered material evidence she knows is false, she must take reasonable remedial measures, including disclosure to the tribunal if necessary - even if that requires revealing confidential information. Rules 3.3 overrides 1.6 and continues to the conclusion of the proceeding, so withdrawal alone does not cure it.
Fairness and decorum
Rule 3.4 prohibits unlawfully obstructing access to evidence, falsifying or destroying evidence, counseling perjury, frivolous discovery, and asking a nonclient to withhold relevant information voluntarily. Rule 3.5 preserves impartiality and decorum and bars ex parte contact with judges and jurors. Rule 3.6 bans extrajudicial statements the lawyer knows or should know will be publicly disseminated and create a substantial likelihood of material prejudice; safe-harbor statements about the record, scheduling, and the like are allowed. Rule 3.7 bars acting as advocate at trial when the lawyer is likely to be a necessary witness, with narrow exceptions such as uncontested issues or substantial hardship.
Traps
Assuming withdrawal erases a candor problem; assuming confidentiality shields false testimony; missing the rule that adverse authority must be disclosed even when opposing counsel is silent.
Worked example
A client insists he will testify falsely. The lawyer must try to persuade him, may seek to withdraw, and may disclose the perjury to the tribunal only to the extent necessary.