法律英语：08 Can Lawyers Lie?

by Adam Freedman

Today’s topic answers the question Can lawyers tell lies? Professionally, that is.
But first, your daily dose of legalese: This article does not create an attorney-client relationship with any reader.  In other words, although I am a lawyer, I’m not your lawyer. In fact, we barely know each other. If you need personalized legal advice, contact an attorney in your community.

Can Lawyers Lie?
Brett asks whether it is ethical¹ for a lawyer to commit perjury² if he thinks it’s in the best interests of his client.
That’s a great question, Brett, and it touches on the age-old suspicion that lawyers are, at best, often tempted³ to lie or, at worst, professionally obligated to lie. The quick answer is that lawyers are not supposed to lie, but they can’t necessarily prevent their clients from lying. I’ll get to the details in a minute – honestly--but first I’m happy to tell you that the podcast version of this article is brought to you by Go To Meeting.
What’s the Difference Between Perjury and Plain Lies?
First, let me clear up the terminology⁴. In his email, Brett asked whether lawyers are allowed to commit “perjury.” The term “perjury” refers specifically to making a false statement under oath. It’s rare for lawyers to commit perjury for the simple reason that lawyers generally do not make statements under oath--that’s what witnesses do. Instead, lawyers make arguments based on the testimony⁵ of witnesses, but they don’t do so under oath.
But even when a lawyer is required to make a statement under oath (such as when the lawyer is himself a witness), it is never proper to make a false statement. Perjury is a crime no matter who commits it.
But what about when the lawyer isn’t under oath? The American Bar Association’s Model Rules of Professional Conduct states that a lawyer “shall not knowingly make a false statement of material fact.” In other words, lawyers aren’t supposed to lie--and they can be disciplined or even disbarred for doing so. But notice, the key word here is “knowingly.” A lawyer cannot “knowingly” lie.
Do Lawyers Know if Their Clients Are Lying?
There is, however, no rule that requires a lawyer to know what the truth is. As a result, lawyers are sometimes torn between the rule against lying and a separate ethical rule requiring lawyers to represent their clients “zealously.” Here’s what happens: a client approaches a lawyer. He’s being sued by someone, or is being criminally prosecuted⁶ by the state. The client tells the lawyer his version of the facts.The lawyer is skeptical⁷ of the client’s story, but he’s under no obligation to fact-check the client. Rather, the lawyer can argue that it is his duty as a “zealous” advocate to accept the client’s version of the story, and try to produce evidence to support that story.
Confidential⁸ Communications are Off-Limits
What about clients or witnesses who only tell part of the truth, rather than the “whole truth?” The Model Code requires that lawyers must disclose important facts “when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client.” So, in theory, if a lawyer sees that his client is misleading a court or another person by omitting important facts, the lawyer is supposed to disclose the missing information. But there’s a big exception to this rule: there is no duty to disclose facts that a client told his lawyer in confidence. And generally, most facts that the lawyer learns from the client will have been learned in a confidential lawyer-client conversation.
Can Lawyers Defend Clients They Know are Guilty?
Okay, I can tell you’re getting frustrated¹⁰ with the whole topic of legal ethics¹¹. What about the big enchilada? Can a lawyer defend a client in a criminal trial when he knows the client is guilty? The answer is: yes, but the lawyer has to proceed somewhat carefully.
If the client confesses his guilt⁹ to the lawyer, but wants to plead “not guilty,” a lawyer can represent him within ethical bounds. The reason is simple: in the eyes of the law, every person is innocent until proven guilty, and it is the state’s obligation to prove guilt “beyond a reasonable doubt.” There is nothing unethical about a lawyer demanding that the state meet its burden of proving guilt beyond a reasonable doubt. It’s everybody’s right, and they do it on TV all the time.
One thing a lawyer cannot do, however, is encourage the client to get up on the stand and give false testimony. In that situation, the client commits perjury, but the lawyer commits a distinct crime known as “suborning perjury,” and it’s a very serious offense¹².
Recap: Can Lawyers Lie?
So, to recap, a lawyer should not lie, commit perjury, or encourage others to lie or commit perjury. But a lawyer is entitled to accept his client’s version of the facts and is positively¹³ required to maintain the confidentiality¹⁴ of all communications with the client. Ethics aside, my advice, whether you’re the lawyer or the client, is: always tell the truth. It’s the easiest thing to remember!
Thank you for reading Legal Lad’s Quick and Dirty Tips for a More Lawful¹⁵ Life.  Before I go, I just want to mention that “Quick and Dirty Tips” founder¹⁶ Mignon Fogarty has a new book. In The Grammar Devotional, she offers 365 days worth of memory tricks, puzzles, and illustrations to help you learn and apply the trickiest¹⁷ grammar rules. Pick up a copy from your favorite bookstore or   online bookseller and become a better writer – one day at a time.

You can send questions and comments to。。。。or call them in to the voicemail line at 206-202-4LAW.  Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this article and related podcast only.

 

1 ethical   

adj.伦理的，道德的，合乎道德的

参考例句：

• It is necessary to get the youth to have a high ethical concept.必须使青年具有高度的道德观念。
• It was a debate which aroused fervent ethical arguments.那是一场引发强烈的伦理道德争论的辩论。

2 perjury   

n.伪证；伪证罪

参考例句：

• You'll be punished if you procure the witness to commit perjury.如果你诱使证人作伪证，你要受罚的。
• She appeared in court on a perjury charge.她因被指控做了伪证而出庭受审。

3 tempted   

v.怂恿（某人）干不正当的事；冒…的险（tempt的过去分词）

参考例句：

• I was sorely tempted to complain, but I didn't. 我极想发牢骚，但还是没开口。
• I was tempted by the dessert menu. 甜食菜单馋得我垂涎欲滴。

4 terminology   

n.术语；专有名词

参考例句：

• He particularly criticized the terminology in the document.他特别批评了文件中使用的术语。
• The article uses rather specialized musical terminology.这篇文章用了相当专业的音乐术语。

5 testimony   

n.证词；见证，证明

参考例句：

• The testimony given by him is dubious.他所作的证据是可疑的。
• He was called in to bear testimony to what the police officer said.他被传入为警官所说的话作证。

6 prosecuted   

a.被起诉的

参考例句：

• The editors are being prosecuted for obscenity. 编辑因刊载污秽文字而被起诉。
• The company was prosecuted for breaching the Health and Safety Act. 这家公司被控违反《卫生安全条例》。

7 skeptical   

adj.怀疑的，多疑的

参考例句：

• Others here are more skeptical about the chances for justice being done.这里的其他人更为怀疑正义能否得到伸张。
• Her look was skeptical and resigned.她的表情是将信将疑而又无可奈何。

8 confidential   

adj.秘（机）密的，表示信任的，担任机密工作的

参考例句：

• He refused to allow his secretary to handle confidential letters.他不让秘书处理机密文件。
• We have a confidential exchange of views.我们推心置腹地交换意见。

9 guilt   

n.犯罪；内疚；过失，罪责

参考例句：

• She tried to cover up her guilt by lying.她企图用谎言掩饰自己的罪行。
• Don't lay a guilt trip on your child about schoolwork.别因为功课责备孩子而使他觉得很内疚。

10 frustrated   

adj.挫败的，失意的，泄气的v.使不成功( frustrate的过去式和过去分词 )；挫败；使受挫折；令人沮丧

参考例句：

• It's very easy to get frustrated in this job. 这个工作很容易令人懊恼。
• The bad weather frustrated all our hopes of going out. 恶劣的天气破坏了我们出行的愿望。 来自《简明英汉词典》

11 ethics   

n.伦理学；伦理观，道德标准

参考例句：

• The ethics of his profession don't permit him to do that.他的职业道德不允许他那样做。
• Personal ethics and professional ethics sometimes conflict.个人道德和职业道德有时会相互抵触。

12 offense   

n.犯规，违法行为；冒犯，得罪

参考例句：

• I hope you will not take any offense at my words. 对我讲的话请别见怪。
• His words gave great offense to everybody present.他的发言冲犯了在场的所有人。

13 positively   

adv.明确地，断然，坚决地；实在，确实

参考例句：

• She was positively glowing with happiness.她满脸幸福。
• The weather was positively poisonous.这天气着实讨厌。

14 confidentiality   

n.秘而不宣，保密

参考例句：

• They signed a confidentiality agreement. 他们签署了一份保守机密的协议。
• Cryptography is the foundation of supporting authentication, integrality and confidentiality. 而密码学是支持认证、完整性和机密性机制的基础。

15 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

16 Founder   

n.创始者，缔造者

参考例句：

• He was extolled as the founder of their Florentine school.他被称颂为佛罗伦萨画派的鼻祖。
• According to the old tradition,Romulus was the founder of Rome.按照古老的传说，罗穆卢斯是古罗马的建国者。

17 trickiest   

adj.狡猾的( tricky的最高级 )；（形势、工作等）复杂的；机警的；微妙的

参考例句：

• Many believe this is the trickiest area to navigate. 很多人认为这是最难驾驭的领域。 来自时文部分
• Establishing confidence in a new monetary system was the trickiest part. 建立对新货币体系的信心是其最棘手的部分。 来自互联网