Legal Question in Legal Ethics in California
If a lawyer withholds evidence which would exonerate his client -- but, later it turns out that the evidence was false (and planted to trap the lawyer): then, what are the charges against the lawyer (if any), e.g., obstruction of justice; withholding evidence, etc.
It would seem that the lawyer is vulnerable -- even if the evidence turned out to be fake: because, at the time he withheld it: he believed he was damaging his client's chances.
What would happen to the lawyer? Would he be permanently disbarred? Subject to prosecution, etc.
2 Answers from Attorneys
This is for a script, right? The lawyer would just say he knew the evidence was bogus all along, and didn't use it in his client's criminal case to comply with the ethical rules. (You didn't say why the lawyer withheld the evidence to begin with.) They'd never be able to disprove the lawyer's story, case closed.
Why would the lawyer withhold the evidence, unless he knew that it was fake? What other motivation could he have? To injure his client? That seems a bit hard to believe.
You said it was planted to trap the lawyer (although not sure why this would be done): maybe he was just smart enough to figure that out and not get trapped.
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