What should a lawyer do if his client wants to lie on the stand?

[BvBPL]

Today in class we discussed what a lawyer should do if his client, the defendant in the action, expresses an interest in perjuring herself on the stand

Before I get into what I think and what the rules are, what do you think?

Does it matter if it is a criminal or a civil matter?

Would your opinion be different if you were in an inquisitorial jurisdiction (civil law), rather than an adversarial jurisdiction (common law) or vice versa?

What if the client and a witness comes forward and both want to apparently perjure themselves on stand?

Would it matter if the lawyer knew his client was innocent but could only "prove" that by acquiescing to the client's perjury?

In whatever situation, let's just say that the client had the idea to commit apparent perjury without prompting from the lawyer.

 

[illram]

(1) try and convince them not to;
(2) withdraw; or
(3) let the client perform a narrative on the stand without prompting the lie. Basically a cop-out but you don't leave your client hanging by withdrawing.

In a civil case it is easier. Usually, we will drop a client the instant we know they lied to us. In a criminal case it gets a little dicier.

 

[Berzerker]

become a prosecutor

 

[Formaldehyde]

Yeah. The cops and prosecution witnesses never lie. And DAs are pure as the driven snow.

 

[Berzerker]

given our debate over the GZ trial I'd think you'd catch the sarcasm

 

[Formaldehyde]

So it's you contention they have been lying, and George Zimmerman and consequently his attorneys haven't?

This really has become the white equivalent of the OJ trial.

 

[Berzerker]

of course the prosecutors have been lying, thats what they do - they try to sell a story to jurors and it dont matter if its BS

they dont need a witness to lie, they get to do that themselves legally

 

[Perfection]

Are we talking about lying or perjury, the two are not the same?

 

[BvBPL]

(3) let the client perform a narrative on the stand without prompting the lie. Basically a cop-out but you don't leave your client hanging by withdrawing.

How commonly is the narrative approach used?

Does the narrative approach amount to a signal to the judge that the client is perjuring herself?

Following a narrative testimony, do you use that testimony in your closing arguments or make reference to it in questioning other witnesses or motions?

Doesn't withdrawal mid-trial amount to a prejudicial action that is itself disallowed (assuming the client informed you of her desire to perjure herself after the start of the trial)?

Are we talking about lying or perjury, the two are not the same?

Perjury is lying under oath.

 

[Camikaze]

This is not a hard question. Lawyers have a paramount duty to the court, not to their client. Solicitors' rules simply codify the common law and common sense. The difference between civil and criminal is that it would be unconscionable for a lawyer to withdraw at a late stage; thus a frozen defence can still be run.

 

[JollyRoger]

It is actually sometimes a hard question in practice. A lawyer that thinks it is always an easy matter of leaning towards being an officer of the court is likely to sometimes lean that way wrongly at the expense of zealous representation of the client.

 

[Perfection]

Perjury is lying under oath.

Lying on the stand is not always the same as lying under oath.

 

[BvBPL]

Lying on the stand is not always the same as lying under oath.

Lying on the stand is always perjury because witnesses are always sworn in. However, not all perjury results from lying on the stand. One can perjure oneself in a deposition, for example. However, what to do during a trial is much more interesting than if it happens during a deposition.

 

[azzaman333]

He should tell him that it's not an appropriate time or place to sleep.

 

[Lord Baal]

Brief the client really damn well so they don't slip up under cross-examination.

 

[MobBoss]

The answer is obvious. Charge the client more if he is going to do that. Easy.

 

[Synobun]

The answer is obvious. Charge the client more if he is going to do that. Easy.

I'm afraid I do not understand the logic behind this except greed.

 

[Kyriakos]

What should a lawyer do if his client wants to lie on the stand?

Hi-five him?

 

[Borachio]

The lawyer should tell his client that it is entirely unnecessary, and inadvisable, to lie in court.

As far as I can tell, the lawyer has a duty to present the truth, as far as the client has presented it to him, in as favourable a light as possible. If the client has told the lawyer the truth, but intends to deny the same thing(s) in court, I'd say the lawyer's obligation is pretty much at an end. On what could he then base his case?

 

[Dachs]

1. Shoot
2. Dribble
3. Pass
4. Turn the ball over
5. Call time out
6. Pass out
7. Defecate on himself
8. Die