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How to lawyers deal with and continue on with their case If the client lie.
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Desiree’s Answer
Lawyers are bond by an ethical code - and can be disbarred if they break it. Each state has its own set of rules for conduct, but they are generally based in the American Bar Associations model rules. Long story short - you cannot offer false evidence nor enable your clients to lie to the court. In some circumstances, the lawyer is ethically bond to withdraw from representing the client if the client insists on lying.
Most law schools require students to take a mandatory class in ethics, and most U.S. states require applicants to pass an ethics exam (in addition to the Bar Exam!). These type of issues are generally addressed in by those prerequisites to becoming an attorney. Moreover, many states also require admitted attorneys to take a certain amount of hours in Continuing Legal Education (CLEs), often designating some of those in ethics classes.
Check out Rule of Conduct for attorneys here https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents/
Research ABA's suggestions for how to handle clients who lie: https://www.americanbar.org/news/abanews/publications/youraba/2019/september-2019/what-to-do-when-your-client-lies/
Most law schools require students to take a mandatory class in ethics, and most U.S. states require applicants to pass an ethics exam (in addition to the Bar Exam!). These type of issues are generally addressed in by those prerequisites to becoming an attorney. Moreover, many states also require admitted attorneys to take a certain amount of hours in Continuing Legal Education (CLEs), often designating some of those in ethics classes.
Desiree recommends the following next steps:
Great answer!
Sheel Bedi
Updated
Sheel’s Answer
Desiree's answer has some good information on how to respond to that situation, and this is the kind of scenario that gets covered in law school classes.
As a practical matter, the best approach is to avoid this problem in the first place. In particular, you want to prevent your client from lying to you - if you don't have the truth, or if you can't trust your client, you aren't able to effectively and ethically represent them.
As such, it's good practice to pick clients carefully, and actively manage your relationship with your client. When deciding to represent a client, consider whether they honest they are likely to be with you.Moreover, once you have decided to represent, make sure they understand the importance of honesty, and that you will not help them lie. Finally, be sure to interview them carefully, and repeatedly, to make sure you have the story right.
http://blog.simplejustice.us/2015/02/10/except-when-you-lie-to-me/
https://www.findlaw.com/legalblogs/strategist/what-to-do-when-clients-lie/
https://www.findlaw.com/legalblogs/strategist/not-worth-it-5-kinds-of-clients-to-avoid/
https://www.jstor.org/stable/29759300
As a practical matter, the best approach is to avoid this problem in the first place. In particular, you want to prevent your client from lying to you - if you don't have the truth, or if you can't trust your client, you aren't able to effectively and ethically represent them.
As such, it's good practice to pick clients carefully, and actively manage your relationship with your client. When deciding to represent a client, consider whether they honest they are likely to be with you.Moreover, once you have decided to represent, make sure they understand the importance of honesty, and that you will not help them lie. Finally, be sure to interview them carefully, and repeatedly, to make sure you have the story right.
Sheel recommends the following next steps: