These summaries were prepared by McGuireWoods LLP lawyer Thomas E. Spahn. They are based on the letter opinions issued by the Virginia State Bar. Any editorial comments reflect Mr. Spahn's current personal views, and not the opinions of the Virginia State Bar, McGuireWoods or its clients. 
 Back to main menu

  Print This Leo
LEO NumTopicsSummary

17-Fraud on the Tribunal

If a lawyer learns before a proceeding's end that the client has provided testimony the lawyer knows to be false, the lawyer must disclosure the perjury to the tribunal. If the lawyer learns that the client intends to testify falsely, the lawyer must advise the client of the consequences. If the lawyer reasonably believes the client has abandoned such criminal intent, the lawyer may examine the client normally. If the lawyer's warnings have not dissuaded the client, the lawyer must limit the examination to truthful matters, not permit the client to testify or (as a last resort) disclose the perjury to the tribunal.

Copyright 2000, Thomas E. Spahn