Ethical Dilemma when lawyer knows client is guilty?
Thursday, July 10th, 2008 at
10:59 am
rollings83 asked:
A man is intoxicated and drives, wrecking and later sues the other party involved. There is NO proof that the man was intoxicated, not from police reports or the hospital, and he admits to the lawyer about being drunk. The man says he will lie in court if needed to win his civil case. What should the lawyer do, in order to abide by the ABA prescription drugs without model ethical rules of professional conduct?
A man is intoxicated and drives, wrecking and later sues the other party involved. There is NO proof that the man was intoxicated, not from police reports or the hospital, and he admits to the lawyer about being drunk. The man says he will lie in court if needed to win his civil case. What should the lawyer do, in order to abide by the ABA prescription drugs without model ethical rules of professional conduct?
Tagged with: Drunk • Ethical Rules • Police Reports • Proof
Filed under: Attorney FAQ
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He should counsel his client not to lie. Failing that he should move to withdraw. Failing that he should decline to call his client as a witness. Because it is a civil case, the client can be called as a witness by the other side. When it comes to the pertinent part he should not participate but should simply ask if he wants to add anything. He should not argue the credibility of the testimony.
Ethically, you cannot knowingly call him to testify if you believe it is likely your client will commit perjury or knowingly allow him to commit perjury being questioned from the opposition. Either caution your client and be reasonably assured that he will not commit perjury or request that the judge take you off the case for “ethical conflict of interest”(specific reason detailed to judge). Of course the confession is covered under attorney-client priviledge and ” reasons” for your request may not be revealed publicly.