ER 3.10 Credible and Material Exculpatory Information about a Convicted Person
V. Regulation of the Practice of Law | D. Lawyer Obligations | Rule 42. Arizona Rules of Professional Conduct | Advocate
Rule Text
(a) When a lawyer knows of credible and material evidence that creates a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the lawyer shall promptly disclose that evidence to the court in which the defendant was convicted and to the corresponding prosecutorial authority, and to defendant's counsel or, if defendant is not represented, the defendant and the indigent defense appointing authority in the jurisdiction.
(b) This Rule does not require disclosure of information otherwise protected by Rule 1.6 or other law.
(c) A lawyer who in good faith concludes that information is not subject to this Rule does not violate this Rule even if that conclusion is later determined to have been erroneous.
(d) This Rule does not require disclosure if the lawyer knows that appropriate governmental authorities or the convicted defendant already possess the information.
Amendment history: Added Nov. 14, 2013, effective Jan. 1, 2014.