The Lying Client: An Attorney’s Obligations

On October 15, 2014, in Blog, by sieditor

ABA Model Rule of Professional Conduct 3.3, Candor Toward the, mandates that an attorney may not knowingly offer false evidence. That’s the easy part: don’t lie. Things get a bit more complicated when it is the client engaged in knowing misrepresentations or deceit. In circumstances when an attorney is aware of a client’s lies, the attorney “shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.” Butwhat are “reasonable remedial measures”? How soon must theconduct be reported and how? Although there is some helpful analysis available, it is within this grayarea that many attorneys may find themselves in an ethical dilemma. Take for instance, the recently suspended Illinois attorney who waited 1 ½ years before correcting his client’s lie.

In 2008 an attorney agreed to represent a client in the administration of his brother’s estate. Clienttold Attorney that he was the sole heir to his brother’s estate. Based on these representations, Attorney drafted an affidavit of heirship and letters of administration.

To read this article in its entirety visit Professional Liability Matters

Source: Professional Liability Matters

 

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