Assignment 1 (1 page)
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Unit 9 Discussion
What Do You Do If Your Client Intends to Lie Under Oath?
An important strategic decision for any criminal defense attorney and their client during any trial is whether the client will testify. Based on the constitutional protections afforded criminal defendants, no defendant in a criminal case can be compelled to give testimony against him or herself. However, some criminal defendants may want to provide testimony in support of their defense.
Attorneys and their non-attorney staff members must abide by the Rules of Professional Conduct adopted by their state. Most states have based their adopted rules on the American Bar Association’s Model Rules of Professional Conduct. Read ABA Model Rule 3.3 and its comment.
Imagine that you are a criminal defense attorney. While you are preparing your client to testify, you learn that your client intends to lie under oath. What steps do you have to take next? What do you think about this rule?
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Assignment 2 (1/2 page) Ask a question to Kadacia (150 words minimum) Cite one reference
As a criminal defense attorney, learning that a client intends to lie under oath creates a serious ethical quandary. According to ABA Model Rule 3.3 (n.d.), an attorney has a responsibility of candor to the tribunal, which implies that they cannot intentionally allow misleading evidence or testimony to be offered in court. If I learn that my client intends to lie on the stand, my first action would be to counsel him against perjury, stressing the legal and ethical ramifications. It is vital to emphasize that lying under oath may result in additional criminal charges, weaken credibility, and jeopardize their defense. If the client insists on perjury, I am expected to take additional steps to prevent false testimony, including potentially resigning from representation if needed. However, per Hall (2022), withdrawal is not always granted because of the prejudice of the client, both in the eyes of the jury and because it leaves the client without counsel at a critical time in trial (p. 500).
I believe Rule 3.3 is crucial to the integrity of the judicial process. While a defense attorney’s primary obligation is to defend their client, this advocacy must adhere to the law. Allowing misleading testimony jeopardizes the fairness of the trial while also undermining public trust in the legal system. Although it may appear that this regulation puts attorneys in difficult situations, it assures that justice is pursued in accordance with ethical guidelines.
References
ABA. (n.d.) Rule 3.3: Candor Toward the Tribunal. Retrieved from Rule 3.3: Candor Toward the Tribunal (americanbar.org)
Hall, D. E. (2022). Criminal Law and Procedure (8th ed.). Cengage Learning US. https://purdueuniversityglobal.vitalsource.com/books/9798214341095 P. 500
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Assignment 3 Ask a question to Yohana (150 words minimum) Cite one reference
Lawyers must defend their clients zealously, but allowing the client or the witness to lie in trial will be like assisting one of his clients in committing a crime. Lying at trial is known as perjury and is punishable by the law. Therefore, if the attorney knows that his client, or a witness for his client, is thinking about lying in court, he needs to consider the ABA Ethical Model Rule 3.3, inform his client of the consequences of lying, and explain to the client how lying will only hurt his/her case as well as informing the tribunal of the untruthful information. Most lawyers and judges know when a client is lying, and once they catch a client or witness lying, their testimony will be questionable, potentially hurting the outcome of the client’s case. Also, suppose the attorney knows the client is lying, and the truth emerges. In that case, that attorney’s reputation, character, and professionalism will be at risk, as well as his relationship with his clients and his credibility in court, among other things.
The ABA Model Rules protect the client and the attorney and ensure that lawyers follow the rules of conduct to ethically and rightfully defend their clients. Rule 3.3 of the ABA Model Rule is excellent because it establishes the steps an attorney needs to take if he suspects that one of his clients or witnesses is about to commit the crime of perjury.
References
Rule 3.3: Candor Toward the Tribunal. (n.d.). American Bar Association. Retrieved September 26, 2024, from https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_3_3_candor_toward_the_tribunal
Nothing But the Truth: What Happens When You Lie Under Oath? (2024, April 24). Oliver Maner LLP. Retrieved September 26, 2024, from https://olivermaner.com/posts/consequences-of-lying-under-oath