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Subordinating perjury

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mau99

Member
What is the name of your state (only U.S. law)? Massachusetts

Does anyone know, if an attorney knowingly allows a client to tell lies under oath in an affidavit, could this be considered "subordinating perjury"?
 


Ronin

Member
No. Simply knowing his client is, is not. Inducing or encouraging his client to commit perjury is. Proving it is nearly impossible unless either one admits to it.
 

latigo

Senior Member
Not wishing to appear pedantic, but there is no letter “d” in the spelling of the English noun “subornation”.

Subornation from the verb “suborn” meaning “to bribe or induce someone to commit and unlawful act such a perjury”.

However, note this from Florida Legal Ethics Rule 4-3-3(a)(4) paraphrased:

“A lawyer may not permit any witness, including a criminal defendant, to offer testimony or other evidence that the lawyer knows is false

A lawyer may not offer testimony that the lawyer knows to be false in the form of a narrative

If a lawyer knows the client intends to commit perjury, the lawyer's first duty is to persuade the client to testify truthfully. Failing that, the lawyer must threaten to disclose the client's intent to the judge. If this threat does not dissuade the client, the lawyer must disclose the fact that the client intends to lie to the tribunal and, pursuant to FL Rule 4-1.6, disclose information sufficient to prevent the commission of the crime of perjury.”

Also, Kneale v. Williams, 30 So. 2d 284 (Fla. 1947); Dodd v. Florida Bar, 118 So. 2d 17 (Fla. 1960); Florida Bar v. Agar, 394 So. 2d 405 (Fla. 1981); and Florida Bar v. Simons, 391 So. 2d 684 (Fla. 1980), as prohibiting lawyers from presenting false testimony or evidence.
 

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