Along with judges, clerks, bailiffs, and other court personnel, an attorney is an “officer of the court.” Quite simply, that means he or she has an “absolute ethical duty” to “tell judges the truth.”
If Bill Clinton was an attorney on this case, he might say, “It depends on how you define truth.” The basic definition of telling judges the truth includes “avoiding dishonesty” regarding “the location of documents and other matters related to conduct of the courts” or even “reasons the attorney or his/her client is not appearing.”
An attorney’s mandate to tell truth is naturally extended to filings with the court. The Oregon Rules of Professional Conduct make it clear that any misrepresentation to a third party is a serious ethical violation. For an attorney to knowingly and materially misrepresent fact(s) that are known, or should be known by the attorney, in a court of law is one of the most serious violations of ethics for which all attorneys must be held accountable to.
Allegations made in the form of a legal complaint should naturally include any and all oft the accurate, factual information available to an attorney.
Michael W. Peterkin, P.C. obtained a full and complete copy of the Yellowknife Operating Agreement in January, 2011, the exact same copy that Yellowknife keeps available at the office in compliance with ORS 63.771. Will the officer of the court please stand up?
(click to enlarge)