Legal Question in Family Law in Massachusetts
Lying to your attorney
My soon to be ex spouse has been proven to have lied to his attorney and mine. What are the indiciations of this behavior and responsibility of the atty. in the outome of the divorce? What responsibility does the attorney have knowing his client is not telling the truth?
4 Answers from Attorneys
Re: Lying to your attorney
In my previous answer to this question. I mistakenly wrote that a client has no duty to inform anyone about the lie. I meant to say that a lawyer has no duty to inform third parties about a client's lie due to attorney-client confidentiality. However, a lawyer cannot represent what he or she knows to be a falsehood nor have his client testify under oath if the lawyer knows the client will lie.
Re: Lying to your attorney
The fact a client lies to an attorney does not give the attorney any liability unless the attorney discovered the lie and allowed the client to give purgered testimony. I doubt that is the case here.
Your ex-spouse by lying gives rise depending on the nature of the lie to invalidating the separation agreement and/or judgment of the court.
An attorney is not required to investigate their own client. They are prohibited from profering perjured testimony.
Re: Lying to your attorney
Ethically, the lawyer could not question a client under oath who he knows will lie. The lawyer cannot misrepresent a known falsehood. The client has no duty to inform anyone about the lie.
Re: Lying to your attorney
If an attorney in a divorce knows of a financial falsehood, he has a series of ethical duties. These are explained at the Board of Bar Overseer's website. Most lawyers are smart and refuse to certify a financial statement known to be false.
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