Does an attorney have to present another case before the courts if it is similiar to the present case?

Question

I am discussing a topic for my paralegal class and we were presented with this situation. When doing leagal research you come across another case which an appellate court in your jurisdiction ruled against an individual whose case was almost identical to your client's case.
When you tell your attorney about the case, she tells you that she is not going to bring the case to the court's attention, because that is the responsibility of the opposing attorney. She then tells you to destroy your copy of the case.

I have read 3.3 Candor toward the Tribunal from ABA model rules of conduct, but I am not very clear on this matter. Any information to clarify would be great! Tahnks!!

Answer 1

Disagree with rickinno --

It is a lawyer's obligation not to knowingly lead a court into error by mis-stating the status of the law or withholding clearly contrary holdings of which s/he is aware. This is definitely the Federal Rule, and the general rule everywhere else I'm familiar with.

The easiest way for a lawyer to destroy his/her reputation and credibility is to conceal or misrepresent the facts or the law.

Answer 2

Candor toward the tribunal requires lawyers to disclose any *evidence* that they may have that is beneficial to the other party. It does NOT require them to provide the other side with *law* that may help the other party.

If, while doing research for the case, you discovered that there was some evidence that had been overlooked - say for example an alibi witness whose testimony hadn't been given to the defense - that has to be disclosed. That someone else in a similar situation had his case overturned on appeal isn't evidence, and doesn't have to be disclosed.

A lawyer doesn't have to do his opponents legal research for him.

Richard