Divorce Attorneys, Criminals, Clients and Ethics

Occasionally divorce attorneys are informed by clients regarding the intent to commit perjury. These confidential communications are protected by the attorney-client privilege and may not be disclosed to the court, opposing counsel, law enforcement, or any other party. Attorneys also may not assist clients who intend to commit perjury.

How divorce attorneys resolve questions regarding criminal behavior, perjury and ethics

ABA MODEL RULES

RULE 3.3 Candor Toward the Tribunal

(a) No lawyer shall knowingly:

(1) make a false statement of material fact or law to a tribunal:

(2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client;

(3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel: or

(4) offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures.

(b) The duties stated in paragraph (a) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by rule 1.6.

(c) A lawyer may refuse to offer evidence that the lawyer reasonably believes is false.

(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer which will enable the tribunal to make an informed decision, whether or not the facts are adverse.