False Evidence Disclosure Trumps Confidentiality: NYC Bar

Law360, New York (June 7, 2013, 6:43 PM EDT) -- In guidance that could help criminal defense lawyers navigate sticky situations involving post-trial disclosures of fraudulent evidence, the New York City Bar Association on Thursday encouraged attorneys who learn of false material evidence to disclose it to the relevant judge "as long as it is still possible to reopen the proceeding.”

The opinion was released in the wake of a major 2009 revamp of the state's Code of Professional Responsibility.

Before April 1, 2009, when New York amended a number of its rules, a lawyer’s obligation...
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