Bar Counsel Notes: Client provides false testimony on cross

Client Provides False Testimony on Cross.

On cross-examination, a lawyer's client gave false testimony about an immaterial fact. The lawyer knew his client intentionally falsified the information and knew that the information was not protected as confidential or privileged. The lawyer was obligated as follows: To call upon the client to correct the record; and if the client was unable or refused to do so, the lawyer was required to reveal the fraud to the court. See M. Bar R. 3.6(b).

*Disclaimer: The Informal Ethics Advisory Notes from Bar Counsel are intended as outreach by the office of Bar Counsel for the use and benefit of the Maine bar. These scenarios are drawn from actual telephone calls received by the attorneys in the office of Bar Counsel in the course of providing informal advice on the Code of Professional Responsibility, known as Bar Counsel's "Ethics Hotline." The particular advice in each case is limited with reference to the particular factual situation related by the inquiring attorney who must be inquiring about his or her own conduct or the conduct of a member of his or her firm. We do not provide any advice to one attorney about the conduct of another attorney unless they are members of the same law firm. In the telephone opinions, we usually explore and discuss additional factual variables. However, I have attempted to pare down these factual scenarios to make the email newsletter more readable and useful in a general sense. Obviously, that creates the risk that slight variations on the facts, to a learned reader, may give rise to a different analysis and conclusion.