Ever had a client lie in court? Not sure what to do?
According to San Francisco Superior Court Judge Teri Jackson, your best bet is to withdraw from the case.
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She spoke to a crowded room Thursday afternoon at the Moscone Center in an American Bar Association panel entitled “Lying Clients and Untruthful Witnesses.” San Francisco attorneys Nanci Clarence of Clarence & Dyer, James Brosnahan of Morrison & Foerster and Merri Baldwin of Champman Popik & White also spoke on the panel.
“From time to time, I have heard testimony that was preposterous,” said Jackson sarcastically. The judge, who currently presides in felony trials, told a funny story about the “far-fetched testimony” she once heard from a defendant in a drug case, who claimed that he had been kidnapped in Oakland, forced to stuff the drugs in his mouth, and was driven across the bridge.
It took the jury an hour to deliberate, but the case ended up with a conviction, she said.
Lawyers need to stress to their clients that unbelievable testimony can be considered during sentencing, she said.
In California, however, a lawyer can’t be completely frank and say, “I wish to withdraw from this case because my client lied or will lie.” So Jackson suggests merely telling the judge that there is a conflict. The judge will likely grant that motion, she said. But if not, she advises lawyers in criminal cases to ask to do a narrative testimony. And for lawyers in civil cases, she advises them not to call their client to the stand.
The bottom line seems obvious, but warranted restating from Jackson: “You cannot promote perjured testimony.”
Of course, as Brosnahan pointed out, the hard part is talking your client out of lying. The most famous example of that, he said, is his lawyer friend who couldn’t convince then President Bill Clinton not to say, “I never had sexual relations with that woman.”
— Millie Lapidario
Many years ago I was appointed to defend a 19 year old man against auto theft charges (he was found sleeping in the stolen vehicle, albeit on the passenger side).
Client asserted that “Randy” (last name unknown) gave him a ride, stopped at the market on the way, and Client falls asleep in the car, only to be roused by the cops. My client further claimed to have 3 alibi witnesses for the actual theft so I dispatched my erstwhile PI to take alibi witness statements.
Instead of doing as instructed, the PI meets with my client in Jail, then phones me stating: “I have solved the case. There is no Randy, there is no alibi, I broke your client down and he confessed. I could only reply, sarcastically, “thanks a lot, Ron”.
So now, I am in an unenviable position. In fact, I am screwed. I don’t merely suspect my client’s defense is a lie, I KNOW it’s a lie.
So I ask the trail judge to let me out do to a “conflict” Judge insists in a disclosure of the conflict, I demur. So the conflict-motion to withdraw it sent next door to Judge #2’s department for in camera proceedings. I fill in Judge #2.
Judge #2 asks my client “Is it true that you insist on taking the stand”? Client replies in the affirmative. The Judge then asks “Are you going to lie”. The Client replies “yes”!
Judge tries to dissuade Client, to no avail, he literally insists to Judge #2 that he 1) is going to take the stand at trial in front of Judge #1 and 2) that he will lie. (The kid had balls, I will give him that much.)
Motion to withdraw GRANTED. Conflict defender appointed.
True story…….
Posted by: Stephen | August 10, 2007 at 01:29 PM