[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR776.42]

[Page 523]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 776_PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE 
 
                 Subpart B_Rules of Professional Conduct
 
Sec. 776.42  Candor and obligations toward the tribunal.

    (a) Candor and obligations toward the tribunal:
    (1) A covered attorney shall not knowingly:
    (i) Make a false statement of material fact or law to a tribunal;
    (ii) Fail to disclose a material fact to a tribunal when disclosure 
is necessary to avoid assisting a criminal or fraudulent act by the 
client;
    (iii) Fail to disclose to the tribunal legal authority in the 
controlling jurisdiction known to the covered attorney to be directly 
adverse to the position of the client and not disclosed by opposing 
counsel;
    (iv) Offer evidence that the covered attorney knows to be false. If 
a covered attorney has offered material evidence and comes to know of 
its falsity, the covered attorney shall take reasonable remedial 
measures; or
    (v) Disobey an order imposed by a tribunal unless done openly before 
the tribunal in a good faith assertion that no valid order should exist.
    (2) The duties stated in paragraph (a) of this section continue to 
the conclusion of the proceedings, and apply even if compliance requires 
disclosure of information otherwise protected by Sec. 776.25 of this 
part.
    (3) A covered attorney may refuse to offer evidence that the covered 
attorney reasonably believes is false.
    (4) In an ex parte proceeding, a covered attorney shall inform the 
tribunal of all material facts known to the covered attorney which are 
necessary to enable the tribunal to make an informed decision, whether 
or not the facts are adverse.
    (b) [Reserved]