Legal Question in Wills and Trusts in Arizona

Perjury

Can perjury be charged against an attorney who lies to a judge in civil hearing regarding a probate dispute.


Asked on 5/21/09, 2:05 pm

2 Answers from Attorneys

Gloria Meyer Meyer Law Office

Re: Perjury

Perjury is the criminal offense of making false statements under oath or affirmation. The lawyer does not normally testify and is not normally under oath. Therefore, unless the lawyer was testifying as a witness under oath, the lawyer could not be charged with perjury. However, if the lawyer intentionally misled the judge, there may be other consequences to the lawyer.

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Answered on 5/21/09, 2:31 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: Perjury

No, I agree with Ms. Meyer's answer. In a civil proceeding and in probate, you must prove that the lawyer lied or misled the judge, and if you do so, the judge may discipline the attorney, and may report the conduct to the Bar Association.

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Answered on 5/21/09, 5:05 pm


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