The criminal defense attorney facing prospective client perjury

From: The Georgetown Journal of Legal Ethics | Date: July 1, 2002| Author: Slipakoff, Brian; Thayaparan, Roshini | Copyright information

INTRODUCTION

The American Bar Association (ABA) Model Rules of Professional Conduct (Model Rules) create an obligation for lawyers to disclose to the tribunal when perjured testimony has been or may be introduced.1 The problems of identifying such perjury and the obligations that arise from Model Rule 3.3 are varied and complex.2 Client perjury puts the criminal defense attorney in an unenviable position. It creates a tension between the duty of zealous advocacy and the duty of candor...

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