Adverse authority

Adverse authority or adverse controlling authority, in United States law, is some controlling authority based on a legal decision and opposed to the position of an attorney in a case before the court. The attorney is under an ethical obligation to disclose that legal decision, which is an adverse authority, to the court. This obligation is set forth in the American Bar Association Model Rules of Professional Conduct, §3.3.^[1]

^ See, e.g. American Bar Association, Annotated Model Rules of Professional Conduct (2003), p. 335.

[1] See, e.g. American Bar Association, Annotated Model Rules of Professional Conduct (2003), p. 335.

[1]

Professional responsibility
Duties to the client
Confidentiality Avoiding conflict of interest Due diligence and Competence (law) Avoid commingling Avoid self-dealing Effective assistance Avoid fee splitting Withdrawal from representation
Duties to the court
Disclosure of perjury Disclosure of adverse authority
Duties to the profession
Limitations on legal advertising Report misconduct
Sources of law
ABA Model Rules
Penalties for misconduct
Disbarment Judicial misconduct
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