How should attorneys handle adverse legal authority?

Attorneys have an ethical obligation to be forthright with the court, which includes disclosing adverse legal authority that may impact the case. This responsibility aligns with the principle of candor towards the tribunal, a cornerstone of legal ethics. When a legal authority negatively affects their client's position, attorneys must bring it to the court's attention, particularly if it is relevant to the arguments being made.

By disclosing such authority, attorneys uphold the integrity of the legal process and allow the court to consider all applicable laws. This practice helps maintain a fair legal system, as it ensures that the court is informed of all pertinent legal standards, thus allowing for just outcomes. Ignoring adverse authority or only presenting arguments against it would not fulfill the attorney's duty to act ethically and may even jeopardize the case. Seeking a second opinion is not standard practice when the obligation to disclose exists. Overall, transparency regarding adverse authorities cultivates trust in the professional relationship between the attorney and the court.