Legal Question in Family Law in Massachusetts
Oath
In a court room are attorneys on oath too? If so is it illegal for them to lie especially when you can prove it? And what do you do?
2 Answers from Attorneys
Re: Oath
there are rules of professional conduct that govern this conduct.
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Re: Oath
Attorneys representing parties are not witnesses, and so are not "under oath" as such in a courtroom.
Attorneys -are- under a general oath to act ethically. They may not ethically make statements of fact they -know- to be untrue. They may not intentionally or knowingly mislead the Court.
They are, however, allowed to take their clients' factual statements as true without conducting exhaustive investigations. In other words, a lawyer may certainly repeat his or her client's statements, and those of others, so long as the lawyer does not have a good reason to disbelieve the statement.
Attorneys are also allowed to argue reasonable conclusions based on facts already stated or known to be true.