This article analyzes Rule 3.3(a)(3) and its implications for opposing parties in an adversarial legal system. The article's conclusion is that strict compliance with Rule 3.3(a)(3) by all members of the Bar is necessary to preserve the integrity of the legal system. Circumvention of the Rule is a disservice to the legal system. Part II explains Rule 3.3(a)(3) so that lawyers can grasp the ethical duty owed. Part III examines three roles simultaneously played by a lawyer: a representative of clients, an officer of the legal system, and a private citizen having a special responsibility for the quality of justice.7 Part III also portrays how Rule 3.3(a)(3) raises a conflict among these roles. Part IV analyzes the adversarial legal system against the backdrop of Rule 3.3(a)(3). Finally, Part V explains how the adversarial system sorts out the conflict in roles lawyers face in light of Rule 3.3(a)(3). In addition, Part V suggests the addition of clarifying language to the commentary of Rule 3.3(a)(3) to make it more effective.
Self-Inflicted Wounds: The Duty to Disclose Damaging Legal Authority,
43 Clev. St. L. Rev.
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol43/iss2/5