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,
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.
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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.
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