Client Who Intends to Lie As A Witness Flashcards
Client Intends to Lie As A Witness
When attorney becomes aware that client intends to lie Attorney must act
Actions Attorney May Take When Client Intends to Lie as A Witnesses
Attorney must first attempt to dissuage client; if client persists attorney must withdraw.
Attorney May Withdraw From Client If
Conduct of client arguably legal, lawyer may refuse to aid or participate in conduct lawyer reasonably believes subjectively to be unlawful
If Attorney Does not Withdraw from Client who lies
He will violate: rule against knwoly using perjured testimony, rule against participating in creation of false evidence, rule against assisting client that lawyer knows to be illegal or fraudulent, dishonestly rule, rule against conduct prejudicial to administration of justice.
If Witness has Already Lied
If client or witness called by lawyer has offered material evidence and Attorney learns it is false Attorney must take reasonable remedial measure, including disclosure to tribunal.