What Happens When A Lawyer Knows His Client Is Lying?
Discover the ethical dilemmas faced by lawyers when a client lies. Learn about confidentiality, obligation to the court, and professional standards in Utah.
What Happens When A Lawyer Knows His Client Is Lying?
Understanding the Ethical Dilemmas Faced by Lawyers
Every lawyer, at some point in their career, may face the unsettling realization that their client is not being truthful. This moment is not only challenging but also laden with ethical implications. Knowing how to navigate this complex situation is crucial for any practicing attorney. In Utah, the professional standards and legal obligations for lawyers in such scenarios are governed by specific ethical rules and statutes. This article provides a comprehensive look at these rules, practical applications, and potential consequences, all while using real laws and examples from Utah to illustrate these points.
Fundamental Principles Governing Lawyer-Client Relationships
Duty of Confidentiality and Its Limits
Lawyers are bound by the duty of confidentiality, which means they must keep information related to the representation of a client private unless the client gives informed consent to disclose it. This principle is clearly articulated in the Utah Rules of Professional Conduct (URPC), Rule 1.6. However, this duty has its limits, particularly when it conflicts with other ethical and legal obligations.
Example: Imagine you’re a defense attorney in Salt Lake City, representing a client accused of embezzlement. During your meetings, the client reveals actions and behaviors that are suspicious but denies any wrongdoing. As the case progresses, you’re confronted with evidence that contradicts the client’s testimonies. Here, your duty to maintain confidentiality is challenged by your obligations to the court and the legal system.
The Duty of Candor Towards the Tribunal
Under URPC Rule 3.3, lawyers have a duty of candor toward the tribunal, which means they must not knowingly make false statements of fact or law to a court or fail to correct false statements. This rule also requires lawyers to disclose known legal authority in the controlling jurisdiction that is directly adverse to the position of the client and not disclosed by opposing counsel.
When a lawyer knows their client is lying, they face a direct conflict between maintaining their client’s confidentiality and upholding their duty of candor to the court.
Hypothetical Case Scenario: You represent a client in Logan who adamantly insists on their innocence in a burglary case. However, the client later admits to you in confidence that they did indeed commit the crime, fearing a harsher sentence if the truth is revealed. According to Rule 3.3, you cannot allow falsehoods to be presented in court, putting you in a difficult ethical position.
Navigating the Legal and Ethical Maze
Confronting Your Client
When you suspect or know that your client is lying, the first course of action is to discuss your concerns with them directly. Explain the consequences of their dishonesty, including potential legal ramifications and how it might impact their case. Sometimes, clients might not realize the full extent of the ethical and legal boundaries at play.
Real-world Example: In Provo, a client in a personal injury lawsuit claims exaggerated injuries to secure a larger settlement. You, as the lawyer, confront the client with medical reports showing lesser injuries. The discussion centers around the legal implications of perjury and the likelihood of the deception being uncovered during the trial.
Withdrawal From Representation
If the client insists on lying, you may need to withdraw from representation. URPC Rule 1.16(b) allows a lawyer to withdraw if the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent, or if the client insists on taking action that the lawyer considers repugnant or imprudent.
Example from Ogden: You represent a client in a contractual dispute who is adamant about presenting falsified documents as evidence. Here, you explain to the client that you cannot, in good conscience, proceed with their representation if they refuse to present truthful and factual evidence. If the client still insists, you have ethical grounds for withdrawal.
Mitigating Potential Harm
In situations where withdrawal is not feasible, lawyers must take steps to mitigate the impact of their client’s dishonesty on the case. This might involve reframing arguments based on truthful, substantiated information, or, in some cases, advising the client to accept a plea deal or settlement that aligns more closely with the actual facts.
Illustrative Story from St. George: You’re representing a client in a civil litigation case, and they provide you with misleading information about their financial status. When you confront them and they refuse to correct their statements, you decide to negotiate a settlement that prevents those lies from becoming central to the trial, thus protecting the integrity of the legal process while maintaining some level of client confidentiality.
Real Laws and Statutes: How Utah Code Protects Integrity
Utah Code and Lawyer Ethics
The Utah Code outlines several key principles that guide legal practitioners in maintaining the integrity of the legal process. For example, the Utah Code of Judicial Administration Rule 14–301 addresses the disciplinary measures that can be taken against lawyers who engage in unethical practices, including knowingly assisting a client in presenting false evidence.
Real Statute Citation: Utah Code of Judicial Administration Rule 14–301(e), which states: “a lawyer’s conduct that involves dishonesty, fraud, deceit, or misrepresentation shall be grounds for discipline.” This statute underscores the importance of legal ethics and the serious repercussions for violations.
Enforcement and Disciplinary Actions
When a lawyer is found to have knowingly assisted a client in presenting false information, the consequences can include reprimands, suspension, or even disbarment. The disciplinary process is initiated by complaints filed with the Utah State Bar, and cases are reviewed following the procedures outlined in the Utah Rules of Lawyer Discipline and Disability.
Example from Utah County: A lawyer assists their client in obscuring assets during a probate case. Upon discovery, a complaint is filed with the Utah State Bar, and following investigation, the lawyer faces suspension. This real-world scenario highlights the stringent enforcement of ethical standards to protect the legal process.
Addressing Common Misconceptions
Misconception: Lawyers Can Lie for Their Clients
One prevalent myth is that lawyers can lie to protect their clients. However, this is categorically false. Professional conduct rules strictly prohibit lawyers from making false statements of fact or law. Lawyers are expected to advocate zealously for their clients within the bounds of the law, which does not include deception.
Misconception: Client Confessions Can Be Hidden
Another misconception is that client confessions can be kept hidden under attorney-client privilege. While confidentiality is critical, it does not extend to allowing false statements to be presented in court. Lawyers must navigate this delicate balance and may need to withdraw if a client insists on maintaining a lie.
Misconception: Lawyers Are Permitted to Fabricate Evidence
Some believe lawyers have leeway to fabricate evidence to strengthen their client’s case. This is not true. The presentation of false evidence is one of the most severe ethical violations a lawyer can commit, leading to significant legal consequences.
Practical Applications: What You Can Do
Scenario: Criminal Defense in Salt Lake City
You’re defending a client accused of robbery. Midway through the trial, the client admits they lied about their alibi. The immediate step is to counsel the client on the repercussions of maintaining the lie, and discuss options such as pleading guilty to lesser charges or negotiating a plea deal.
Scenario: Civil Lawsuit in Park City
In a high-stakes civil lawsuit, you discover emails revealing your client’s knowledge of a defective product they sold, despite their denial in depositions. Here, you reevaluate the case strategy, possibly seeking a settlement that mitigates the risk of the emails being presented in court.
By providing real-world scenarios and actionable insights, the aim is to empower you to navigate complex legal challenges responsibly and ethically.
Why It Matters: The Significance in Everyday Life
Understanding these laws and ethical principles is vital not only for lawyers but also for clients and the general public. Recognizing the limitations and obligations of legal representation helps ensure that justice is upheld. Misunderstanding these concepts can lead to severe legal repercussions and a loss of trust in the legal system.
Practical Applications and Common Pitfalls
Awareness of these principles can help you make informed decisions when interacting with legal professionals or navigating potential disputes. For example, knowing that your lawyer cannot and should not lie on your behalf emphasizes the importance of transparency in legal dealings.
Frequently Asked Questions
- What should I do if my lawyer advises me to lie?
- If a lawyer advises you to lie, consider seeking a second opinion or filing a complaint with the Utah State Bar as it violates ethical standards.
- Can I be penalized for confessing to my lawyer?
- Confessing to your lawyer is protected under attorney-client privilege, but this does not mean your lawyer can use this information to mislead the court.
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To Speak With a Lawyer
To speak with a lawyer, call attorney Jeremy Eveland.
Jeremy Eveland
8833 S Redwood Rd
West Jordan UT 84088
(801) 613–1472
The information contained in this article is for informational purposes only and is not legal advice. For legal advice, hire a competent lawyer in your jurisdiction.
