What does the duty of candor require a lawyer to do during ex parte proceedings?

The duty of candor in ex parte proceedings requires a lawyer to volunteer all relevant information, including any facts that may adversely affect their client's position. This obligation is grounded in the principle that the legal system relies on honesty and integrity for fair and just outcomes.

During ex parte communications, where one party appears without the other, the lawyer must ensure that the court is fully informed. This means disclosing not just favorable facts but also those that may be harmful. By doing so, the lawyer upholds the ethical standards of the profession and fosters trust in the judicial process.

The requirement goes beyond merely avoiding deception; it is about promoting transparency and fairness. This principle is especially crucial in ex parte settings, which can create an imbalance since the absent party does not have the opportunity to present their side of the story. Therefore, the duty of candor serves the broader purpose of maintaining the integrity of the legal system.