I few months ago I was in court, I was suing 2 related parties and I was pro-se. One of the lawyers of one of the defendants lied 3 times in front of the judge, when I called him upon it, the judge didn't bling. This was civil court, not small claims. Oh well.
When is it okay for a lawyer to lie? (2018)
11–20 of 146 posts
Re: When is it okay for a lawyer to lie? (2018)
#12These are interesting scenarios, but let's not forget that the rules are only binding under the threat of being caught and punished. They aren't like the laws of physics. So if a lawyer isn't supposed to engage in trickery, they might do so anyway, especially if they think they can get away with it and their client happens to be a rich criminal who pays them extra to do shady stuff. Source: Lawyers wouldn't have the…
Re: When is it okay for a lawyer to lie? (2018)
#13How is a court-appointed defense attorney supposed to do his job if he knows his client is guilty?
I watched the OJ Simpson trial when I was a kid. I was sure he was guilty. I think his lawyers thought so as well. Once they realized the LAPD had tampered with the crime scene and the evidence they used that wedge to open the door for reasonable doubt. And they absolutely hammered at it for months. By the end the jury was full of doubt.
Most public defenders don't have the resources for that kind of defense. And most assume their client is guilty. Which is why plea bargains are prevalent.
Re: When is it okay for a lawyer to lie? (2018)
#14How is a court-appointed defense attorney supposed to do his job if he knows his client is guilty?
"Guilty" people deserve defense. Especially since, as we have seen, neither the police nor the prosecutors are above lying and fabrication.
Re: When is it okay for a lawyer to lie? (2018)
#15I few months ago I was in court, I was suing 2 related parties and I was pro-se. One of the lawyers of one of the defendants lied 3 times in front of the judge, when I called him upon it, the judge didn't bling. This was civil court, not small claims. Oh well.
Now I'm imagining that judge getting presented with evidence the defence lawyer is lying to them, and whipping out a chunky gold chain and a diamond encrusted grill...
Re: When is it okay for a lawyer to lie? (2018)
#16How is a court-appointed defense attorney supposed to do his job if he knows his client is guilty?
Re: When is it okay for a lawyer to lie? (2018)
#17These are interesting scenarios, but let's not forget that the rules are only binding under the threat of being caught and punished. They aren't like the laws of physics. So if a lawyer isn't supposed to engage in trickery, they might do so anyway, especially if they think they can get away with it and their client happens to be a rich criminal who pays them extra to do shady stuff. Source: Lawyers wouldn't have the…
Yeah, I didn't realize how downright nefarious lawyers can be until I read "Bad Blood" and thought to myself "How is what David Boies does to help Theranos legal? This seems extremely unethical at the very least, and highly illegal at most"
Re: When is it okay for a lawyer to lie? (2018)
#18I few months ago I was in court, I was suing 2 related parties and I was pro-se. One of the lawyers of one of the defendants lied 3 times in front of the judge, when I called him upon it, the judge didn't bling. This was civil court, not small claims. Oh well.
If there was clear and obvious evidence of the lies then you can submit a complaint to the bar (or whatever the disciplinary body is for lawyers in your state). The judge is NOT actually the one with the authority to enforce these professional obligations.
Re: When is it okay for a lawyer to lie? (2018)
#19I few months ago I was in court, I was suing 2 related parties and I was pro-se. One of the lawyers of one of the defendants lied 3 times in front of the judge, when I called him upon it, the judge didn't bling. This was civil court, not small claims. Oh well.
Was there clear and obvious evidence of the lies, or was it largely your testimony? If there was clear and obvious evidence of the lies then you can submit a complaint to the bar (or whatever the disciplinary body is for lawyers in your state). The judge is NOT actually the one with the authority to enforce these professional obligations.
Re: When is it okay for a lawyer to lie? (2018)
#20These are interesting scenarios, but let's not forget that the rules are only binding under the threat of being caught and punished. They aren't like the laws of physics. So if a lawyer isn't supposed to engage in trickery, they might do so anyway, especially if they think they can get away with it and their client happens to be a rich criminal who pays them extra to do shady stuff. Source: Lawyers wouldn't have the…