Last Updated on September 1, 2024
There are probably hundreds of jokes about lawyers lying for a living, but no matter what public opinion, legal standards prohibit attorneys from knowingly telling a lie. If a lawyer lies, he is risking his law license. The American Bar Association’s (ABA) Model Rules of Professional Conduct specifically says that while they must do what they can to help a client, they “shall not knowingly make a false statement of material fact.” In other words, a lawyer can’t lie without violating the profession’s ethical standards, which can result in disbarment.
Why Can’t Lawyers Lie?
There are many reasons the ABA prohibits attorneys from telling falsehoods. For one thing, the entire court system would become a mess if it simply came down to which lawyer was better at lying. In theory, the core of the criminal justice system is to examine the relevant facts to help the court uncover the truth as best as possible. It is for this same reason that it’s illegal for non-lawyers to commit perjury while under oath.
As for attorneys, they aren’t just prohibited from lying while under oath, but any time they are performing their duties. That’s because lawyers are rarely placed under oath since they do not testify in court unless they are charged with a crime, are party to a lawsuit, or are testifying as a witness of a crime.
But aside from helping to keep the courtrooms working as effectively as possible, the ABA also wants to maintain the integrity of the legal profession, distancing attorneys from people known to lie.
What About When a Client Wants to Lie?
A lawyer will usually try to convince his client not to perjure herself on the stand or to not testify at all. The ethics of their profession also prohibits attorneys from asking clients questions if they know the answer will be a lie. If the client still insists on perjuring herself, the attorney will most likely ask the judge to be relieved of the case without saying why. If this fails, he may just ask the client to tell his side of the story and then refuse to ask any further questions.
Some Level of Deceit is Permitted
While lawyers are not allowed to lie, and most do not want to risk the loss of their license, they may use a small level of deceit to help their clients for such purposes as gathering evidence. For example, an attorney representing a company who believes another company is violating their trademark can pretend to be a typical customer to get their hands on a piece of the merchandise with the trademark violation.
Similarly, if a client misses a court date because she went on a drug bender and the judge asks, “do you know where your client is?” the attorney could truthfully say he doesn’t know where his client is at that time, even if he technically knows why the client missed court. This example is a difficult ethical situation because the attorney is obliged to be truthful to the court while still protecting his client. If the judge then asked why the client wasn’t there, the lawyer could say that he could not answer that or it would violate lawyer/client confidentiality.
Rudy Giuliani’s Law License Suspension
Perhaps the most famous recent example of a lawyer being punished for lying is the recent suspension of Rudy Giuliani’s law license in New York. That happened after an appellate court ruled that he made “demonstrably false and misleading statements” in claiming that there was widespread fraud in the 2020 presidential election. The court determined that this false statement actually “immediately threatens the public interest,” which is why they ruled that his license should be suspended.
It is rare for this type of thing to happen, but then again, it is rare for a lawyer to go on public television questioning the sanctity of the United States’ elections on behalf of his client, who happens to be the President of the United States. Giuliani claimed he made the election fraud claims in good faith, but the appellate court disagreed, citing an exchange in a trial court where Giuliani admitted he wasn’t making a fraud claim.
His license suspension means he cannot practice law at all until his license is reinstated, which is not a certainty by any means.
Although it can be a slippery slope, and lawyers cannot be faulted for aggressively asserting their clients’ claims, the Giuliani case points out there are limits to advocacy.
Balance is the Key
A good attorney can seamlessly balance his responsibilities to his client with his obligations to the court. If you have been accused of a criminal offense, Peter Liss can help you without violating his professional ethics. Please call (760) 643-4050 or (858) 486-3024 to schedule a free consultation.
