NCJ Number
137736
Journal
American Journal of Criminal Law Volume: 19 Issue: 2 Dated: (Winter 1992) Pages: 267-278
Date Published
1992
Length
12 pages
Annotation
This article proposes a change in pertinent legal rules that will enhance an attorney's leverage in persuading a client not to commit perjury.
Abstract
The least controversial strategy for an attorney to use in addressing a client's intent to commit perjury is the use of attorney persuasion that will convince the client against the perjury. The author argues that the legal rules governing client perjury and disclosure of client confidences should be structured to facilitate this solution. Particularly, the rules should allow an attorney to threaten the client with withdrawal from the case and disclosure of the proposed perjury to the succeeding attorney. This threat will be taken seriously by the client only if the attorney can actually implement it. Accordingly, the author argues that the rules should require limited disclosure to the succeeding attorney when the original attorney withdraws because the client cannot be dissuaded from committing perjury. Under the existing rules on withdrawal, a sophisticated client can force the first attorney to withdraw, retain a second attorney (or have one appointed), reveal nothing to the second attorney, and then commit perjury unknown to the second attorney. This article includes a review of other solutions proposed for the problem of client perjury, a summary of existing law on client perjury, and a discussion of some of the practical aspects of disclosure to the succeeding attorney. 64 footnotes