Free Bar foreclosure CLE ready for download http.//www.flo ridabar.or g/DNCOMI JN/J N News0l.nsflArticles... The Florida Bar www.flo ridabar.o rg Sea rch: The Florida Bar News Advertising Rates. Classifieds r Attorneys Exchange r Archir,ies. Subscribe " Jaurnal February \ zOtL E g News HOME Free Bar foreclosure CLE ready for download "Foreclosure Litigation in Florida," The Florida Bar's foreclosure plaintiff education program, is now available to all Bar members at no charge through lhe_rlAiidaEZr-2417 A_nlite_Q!.q_eatqj9g as an online or downloadable program. Terry Hill, director of the Bar's Programs Division, said the four-hour program includes an overview of foreclosure filings in Florida, the players and the process, managed mediation in Florida, verified complaints, securitization, pitfalls to avoid, and rules of civil procedure. The topics are presented by members of the judiciary as well as practitioners, including 12th Circuit Chief Judge Lee Haworth, 19th Circuit Judge Burton Conner, Boca Raton attorney Margery Golant, and Bar Ethics Counsel Elizabeth Tarbert. The program is available at ilg.Jid_Abaf--o_rj. As part of the ethics segment of the presentation, Tarbert discussed the issue of what to do when false affidavits have been filed in foreclosure cases. Tarbert said the Professional Ethics Committee has opined that an attorney has an affirmative obligation, under Rule 4-3.3 of the Rules Regulating The Florida Bar, to notify the court of a potential fraud when the attorney knows that a client has deliberately lied at a deposition. That also applies if the attorney receives information that clearly establishes that the client has perpetrated a fraud on the court by filing a false such as when a false statement has been made in the affidavit or the affidavit has been improperly verified or notarized. Then the attorney's duty to the court supersedes the attorney's duty to the client, and the attorney must reveal the fraud to the court. "An attorney's obligation to make disclosures under Rule 4-3.3 is triggered when the attorney knows that a client or a witness for the client has made material false statements to a tribunal and the client or witness refuses to rectify the fraud," according to Tarbert. Tarbert said if an attorney knows that any material false representations have been made on the record by a client to any court or tribunal, then the attorney must follow the instructions in the Comment to Rule 4-3.3 and ask the client to correct these false statements on the record. If the client will consent to the appropriate disclosure to the court, then the attorney may do so. The disclosure needs to be made to the court that the affidavit was improperly verified and notarized or otherwise false. With regard to the cases that have already been closed and judgment has already been entered, the duties and obligations under Rule 4-3.3 continue beyond the conclusion of the proceeding, Tarbert said. She stated that disclosure to the court needs to occur in cases involving closed cases as well as pending ones, noting the attorney would have to discuss this with the client and obtain consent. Tarbert said whether the case is currently pending or already closed, if the client refuses to give consent to disclose, then the attorney must make these disclosures, preferably in an in camera proceeding if possible, 1,of2 1.1./I4/20tL 2:34 PM