0561
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| After winning a motion, a lawyer prepared a decree accidentally broader than the court's ruling. Because the lawyer had not intentionally mis-drafted the decree, the lawyer may now assert a res judicata defense based on the overbroad decree. The Bar held that the lawyer must concede the circumstances of the drafting should the adversary raise it. [Rule 4.1(b) might require disclosure of the mistake if the disclosure is necessary "to avoid assisting a criminal or fraudulent act by a client."] |