1985-86-06.

Case DateJune 10, 1986
CourtNew Hampshire
New Hampshire Ethics Opinion 1986. 1985-86-06. NEW HAMPSHIRE BAR ASSOCIATIONEthics Committee Formal Opinion #1985-86/6Candor Toward the Tribunal: Client Intent to Commit PerjuryJune 10, 1986RULE REFERENCES:*Rule 1.2(d) *Rule 1.6 *Rule 1.16 *Rule 3.3(a)(3) *NH Comments to Rule 3.3SUBJECTS:*Candor Toward Tribunal *Client Communications *Confidentiality *Criminal Representation *Trial Conduct *WitnessesANNOTATION:
An attorney shall not knowingly permit a client to falsely testify in a trial. An attorney shall not knowingly offer evidence at trial that the attorney knows to be false, and is obligated to maintain confidentiality of information revealed to the attorney. (Rule 1.6; Rule 3.3(a)(3)).
Where a client wishes to testify falsely, at a minimum the attorney's first duty is to attempt to dissuade the client from presenting false testimony. If unsuccessful, the appropriate remedy is to withdraw from representation of the client. (Rule 3.3 with NH Comments.)
QUESTION:Is it a violation of the Rules of Professional Correct for an attorney to permit his client to present false testimony in order to inculpate himself to prevent his wife from being charged with a misdemeanor?FACTS:A truck driven by client's wife was involved in an accident. The client apparently was a passenger in the truck. The police officer arriving on the scene interrogated the client and specifically asked if he had been driving. In order to protect his wife, the client stated that he had been driving the vehicle. He was charged with DWI, second offense. The police officer did not observe the operation of the motor vehicle first hand.RESPONSE:It is a violation of the Rules of Professional Conduct in this situation for the attorney to permit his client to present false testimony to inculpate himself and exculpate his wife. For the purposes of this Opinion, it is assumed that the client will either testify under oath at trial or will be examined by the Judge with regard to a guilty plea. Under either circumstance, the client will either testify specifically that he was driving or it will be assumed that he was driving. For the purposes of this Opinion the situations are the same. Rule 1.2(d) of the Rules of Professional Conduct forbids a lawyer from counseling a client to engage in conduct that the lawyer knows is criminal or...

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