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Attorney lies in court.

Dyersburg, TN |
Filed under: Litigation

What are the consequences for an attorney that lies in court? Judge was made aware of it in open court by opposing counsel and the attorney made the same false statement in two court appearances several months apart. Can the attorney be charged with something in court? If so, what,

Attorney Answers 3

  1. If the judge believes the attorney is lying and it is proven I have seen judges report the attorney to the state bar association for misconduct hearings.

  2. The attorney would not likely be chargeable criminally, unless he/she was under oath at the time, in which case perjury might be appropriate. I agree with my Illinois colleague that disciplinary action is the most likely. Attorneys are usually reluctant to report other attorneys if they are likely to cross paths in the future, but the judge might if he/she is annoyed enough, and the lie is significant enough.

    I am not your attorney and any posts/messages or responses to posts/messages can not and do not establish an attorney-client relationship. You should not rely upon free legal advice, and I disclaim any liability for the outcome if you do. Any opinions offered on matters outside New York State are for general informational purposes only.

  3. There are penalties with both the bar association and possible sanctions if an attorney makes frivilous or false assertions in court. An attorney has to make a good faith argument.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

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