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?


Asked on 7/13/09, 10:44 am

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Oath

there are rules of professional conduct that govern this conduct.

If you need assistance contact me.

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Answered on 7/15/09, 6:54 am
Gregory Lee Gregory P. Lee, Attorney at Law

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.

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Answered on 7/13/09, 10:56 am


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