1400
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| A criminal defense lawyer representing a client found guilty of a felony is under no duty to reveal that the sentencing document later signed by the judge erroneously stated that the defendant was found guilty only of a misdemeanor (assuming that the lawyer did not endorse the document or otherwise participate in drafting it). In fact, the lawyer was ethically obligated not to reveal the error because the revelation would damage the client. [Rule 3.3(a)(2) and Rule 4.1(b) might affect this analysis, because it prohibits a lawyer from knowingly failing to disclose a fact "when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client."] |