Publications

Every attorney has an ethical duty of candor to the court. That duty stems not only from the Model Rules of Professional Conduct, but also from the attorney’s role as “an officer of the court” who, in Judge Benjamin Cardozo’s words, is therefore “like the court itself, an instrument or agency to advance the ends of justice.” Karlin v. Culkin, 162 N.E. 487, 489-90 (N.Y. 1928). Appellate counsel are obliged to inform the court of any development that may implicate the court’s jurisdiction and to disclose authority directly adverse to the arguments the attorney is presenting.