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mustng66

Junior Member
What is the name of your state? MA

If a lawyer has a client he knows committed perjury in a probate case within the filing therein and finds this out at the close or near close of the case, what is his legal and ethical resposibility or does lawyer-client privilege preclude him/her from any action at all?
 


jojojojo

Junior Member
duty to the court

I'm in CA.

attornies have a duty to the court as well as to the client.

if the client lies and the client's attorney knows about it, he/she has a duty to address this matter to the client and have him/her rectify it. if that goes nowhere, the attorney can withdraw from the case. this happens every so often.

in most civil cases, perjury happens frequently and most attorneys just look the other way and not use the perjured testimony, since that would get them in trouble.

http://calbar.ca.gov/calbar/html_unclassified/ca83-74.html

i imagine MA has similar ethics as attornies in CA.

hope this helps.
 

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