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When a client lies to his attorney
What are Arizona attornies required to do if they learn their client lied to them during a civil court matter.
Summary
This legal opinion explores the ethical dilemma faced by an attorney who learns that a former client has perjured themselves in an unemployment compensation proceeding.
The opinion examines the Arizona Rules of Professional Conduct, specifically focusing on the attorney's duty of candor to the tribunal versus the duty to preserve client confidentiality. The opinion concludes that the attorney has a duty to take reasonable remedial measures to rectify the false evidence, even if it means disclosing the client's misconduct to the tribunal. The opinion outlines various remedial measures, including private remonstrance with the client, seeking withdrawal of the false evidence, and, in extreme cases, informing the tribunal about the unreliability of the evidence.
The opinion also discusses the duration of the attorney's ethical obligation, determining that it continues until the proceeding has concluded and the time for appeal has expired.
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