Also known as: client's perjury · clients' perjury · perjury by client
Written by attorneys · grounded in primary & secondary sources — see below
Conduct by a client consisting of false testimony under oath in a legal proceeding. Ethical rules prohibit a lawyer from offering or assisting with such testimony and require reasonable remedial measures that may include disclosure to the tribunal.
Charles Cunningham tells his defense lawyer that he plans to testify he was not at the scene of the robbery even though he was. The lawyer urges Cunningham to tell the truth and warns that she will inform the court if he lies on the stand. Cunningham testifies falsely anyway. The lawyer's refusal to help present the perjury and her threat to disclose it do not violate Cunningham's right to effective assistance of counsel.
Cecilia Cabrera admits to her lawyer that she intends to testify falsely at trial that a contract was formed on a date when no meeting occurred. She plans to repeat the lie under oath. The lawyer first advises Cabrera to abandon the plan. When she refuses, the lawyer declines to offer the testimony and discloses the intended perjury to the court to prevent the fraud.
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The lawyer must first attempt to dissuade the client from testifying falsely. If that fails, the lawyer may seek to withdraw. If withdrawal will not prevent the perjury, the lawyer must disclose the intended perjury to the tribunal as a reasonable remedial measure.
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No. A criminal defendant's right to effective assistance of counsel is not violated when defense counsel refuses to cooperate in presenting perjured testimony and threatens to disclose the perjury to the court.
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No. The duty applies when the lawyer knows that any person intends to engage in fraudulent conduct related to the proceeding, including nonclient witnesses or third parties presenting fabricated evidence.
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