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If a witness called by an attorney has offered material testimony and the attorney comes to know of its falsity, the attorney must:

A) Allow the false testimony to stand as it was presented in court.

B) Advise the witness to change their testimony without informing the court.

C) Disclose the falsity to the court and, if necessary, take reasonable remedial measures, including correction or withdrawal of the testimony.

D) Ignore the falsity and proceed with the case as usual.

1 Answer

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Final answer:

When an attorney learns that a witness they called has provided false testimony, they must disclose this to the court and take necessary remedial actions, including correcting or withdrawing the testimony in order to maintain the integrity of the legal process.

Step-by-step explanation:

If an attorney discovers that a witness they have called has given false testimony, they are bound by legal and ethical duties to address the issue. The correct course of action would be to disclose the falsity to the court and take reasonable remedial measures. This may include correcting the false testimony or even withdrawing it altogether, as per the professional conduct rules for attorneys. In the context of courtroom proceedings, where there is an expectation of truthfulness and the integrity of the legal process is paramount, option C) Disclose the falsity to the court and, if necessary, take reasonable remedial measures, including correction or withdrawal of the testimony, is the appropriate and mandated response.

The adversarial system of justice relies on the assumption that all parties will present evidence honestly and to the best of their knowledge. It is a cardinal principle that attorneys must not participate in presenting false evidence or testimony. Furthermore, the concept of disclosure is critical, wherein both sides are expected to share any evidence or relevant information transparently. This principle ensures that the judicial process is fair and just, enabling the court to make informed decisions.