To: Stone Mountain
In an adversarial system, any lawyer who doesn't use all of the tools at his disposal to defend his client is guilty of malpractice. If a lawyer sees a legal way to advocate for his client, he MUST do so. Does that include saying things he knows are not true? Can a defense lawyer be charged with anything for lying in the courtroom?
52 posted on
07/25/2002 2:46:16 PM PDT by
knuthom
To: knuthom
Yes. Lawyers are not permitted to lie to anyone, but particularly the Court. parsy.
53 posted on
07/25/2002 2:49:16 PM PDT by
parsifal
To: knuthom
Does that include saying things he knows are not true? Can a defense lawyer be charged with anything for lying in the courtroom?
Yes. I believe that falls under contempt of court - maybe even something more serious depending on what he was lying about. He must advocate for his client to the best of his ability, but he must still do so legally. Not only can't a defense lawyer knowingly lie about something in court, but supposedly, he can't even take part in a defense where he knows that perjured testimony will be offered.
To: knuthom
No because he is not under oath!
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