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Rule 3.3. Candor toward the tribunal.

A licensed paralegal practitionershall not knowingly make a false statement of fact or law to a tribunal or failto correct a false statement of material fact or law previously made to thetribunal by the licensed paralegal practitioner.

 

Comment

Representationsby a Licensed Paralegal Practitioner

[1] A licensed paralegalpractitioner is responsible for pleadings and other documents prepared forlitigation, but is usually not required to have personal knowledge of mattersasserted therein, for litigation documents ordinarily present assertions by theclient, or by someone on the client's behalf, and not assertions by theparalegal practitioner. Compare Rule 3.1. However, an assertion purporting tobe on the licensed paralegal practitioner?s own knowledge, as in an affidavitby the licensed paralegal practitioner, may properly be made only when thelicensed paralegal practitioner knows the assertion is true or believes it tobe true on the basis of a reasonably diligent inquiry. There are circumstanceswhere failure to make a disclosure is the equivalent of an affirmativemisrepresentation. The obligation prescribed in Rule 1.2(d) not to counsel aclient to commit or assist the client in committing a fraud applies. Regardingcompliance with Rule1.2(d), see the Comment to thatRule. See also the Comment to Rule 8.4.

[2]-[14] Reserved.

 

Effective November 1, 2018