Final answer:
When a lawyer is aware of material evidence being false, they must take reasonable remedial measures, which could include anything from correcting the evidence to potentially disclosing the false evidence to the court, in order to maintain the integrity of the judicial process and uphold ethical standards.
Step-by-step explanation:
Remedial Measures And Legal Ethics
When a lawyer discovers that material evidence offered by the lawyer, their client, or a witness is false, the lawyer is required to take reasonable remedial measures. This responsibility is part of the lawyer's ethical duty to the court and legal system.
These measures include, but are not limited to, discussing the matter with the client, requesting the client to rectify the situation, withdrawing or correcting the false evidence if possible, and as a last resort, disclosing the information to the court, despite potential conflicts with client confidentiality.
This duty to act arises from a collective understanding of legal ethics and case law, including cases such as Strickland v. Washington, which sets the standard for reasonable attorney performance, and Padilla v. Kentucky, emphasizing a lawyer's duty to inform clients about potential consequences of legal actions.
The adversarial judicial system also plays a role in ensuring that both sides of a case have access to information, a process known as disclosure.
Furthermore, the Sixth Amendment guarantees defendants the right to confront and cross-examine witnesses, suggesting the importance of truthful evidence.
As a result, a lawyer's discovery of false testimony must be addressed to maintain the integrity of the judicial process and uphold the constitutional rights of the participants.