A lawyer is subject to discipline for offering evidence that the lawyer knows
is false and may refuse to offer evidence that she reasonably believes
is false, except for a criminal defendant's testimony on his own behalf.
If a lawyer offered a piece of evidence and later discovers it to be false, she must:
- Talk to the client and try to persuade him to rectify the situation;
- If that fails, seek to withdraw; and
- If withdrawal is not permitted, make disclosure to the court.
NOTE: This duty ends once the proceeding (including appeals process) is over.