Formal Opinion 87-353 April 20, 1987

    Formal Opinion 87-353 April 20, 1987

    Formal Opinion 87-353 April 20, 1987

    LAWYER'S RESPONSIBILITY WITH RELATION TO CLIENT PERJURY (April 20, 1987)
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    LAWYER'S RESPONSIBILITY WITH RELATION TO CLIENT PERJURY (April 20, 1987) If, prior to the conclusion of the proceedings, a lawyer learns that the client has given testimony the lawyer knows is false, and the lawyer cannot persuade the client to rectify the perjury, the lawyer must disclose the client's perjury to the tribunal, notwithstanding the fact that the information to be disclosed is information relating to the representation. If the lawyer learns that the client intends to testify falsely before a tribunal, the lawyer must advise the client against such course of action, informing the client of the consequences of giving false testimony, including the lawyer's duty of disclosure to the tribunal. Ordinarily, the lawyer can reasonably believe that such advice will dissuade the client from giving false testimony and, therefore, may examine the client in the normal manner. However, if the lawyer knows, from the client's clearly stated intention, that the client will testify falsely, and the lawyer cannot effectively withdraw from the representation, the lawyer must either limit the examination of the client to subjects on which the lawyer believes the client will testify truthfully; or, if there are none, not permit the client to testify; or, if this is not feasible, disclose the client's intention to testify falsely to the tribunal.

    Product Details

    Sponsors

    Center For Professional Responsibility

    Product Code

    5611100353PDF

    Publication Date

    4/1/1987 12:00:00 AM

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