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When is it okay for a lawyer to lie? (2018)

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Re: When is it okay for a lawyer to lie? (2018)

#3

Post by NotSammyHagar »

It was interesting to read the scenarios but the result was only disappointing. I'm a non-lawyer expecting there to be complicated nuances that lawyers can use to explain their 'honesty'. Misdeeds by prosecutors (as in ignoring police lying on the stand because they need support from them for their next cases), not disclosing information like in this case cause me to take a very careful consideration of what a lawyer tells me.

Re: When is it okay for a lawyer to lie? (2018)

#4

Post by notafraudster »

I was bummed to see the examples, which I reproduce here to highlight their obviousness (or their, uh, being noncontroversial):

1. Can a lawyer who suspects the opposing party of breaking an agreement engage in plain-clothes trickery to figure out if that's true? Yes.

2. Is a lawyer obligated to essentially testify [respond to a judge's inquiry] in a manner that incriminates their client based on private information? No, thought when they do respond to the inquiry they should be vague rather than affirmatively lying.

3. Do prosecutors need to drop charges if, after a plea deal is signed, information comes up that would inhibit prosecuting the case in the absence of a plea deal? No, but this feels scummy.

Re: When is it okay for a lawyer to lie? (2018)

#5

Post by SMAAART »

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.

Re: When is it okay for a lawyer to lie? (2018)

#7

Post by parsimo2010 »

These 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 reputation they do if all the members of the club had integrity.

Re: When is it okay for a lawyer to lie? (2018)

#9

Post by beervirus »

notafraudster wrote: post #4

I was bummed to see the examples, which I reproduce here to highlight their obviousness (or their, uh, being noncontroversial): 1. Can a lawyer who suspects the opposing party of breaking an agreement engage in plain-clothes trickery to figure out if that's true? Yes. 2. Is a lawyer obligated to essentially testify [respond to a judge's inquiry] in a manner that incriminates their client based on private information?…

I think 3 turns on the fact that this is more specific than just “information that would inhibit prosecuting the case.” That would include exculpatory evidence, which the prosecutor would have to turn over.
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