Ace California Bar Ethics 2026 – Master the Responsibility Challenge!

When a lawyer suspects that a client intends to commit perjury, the correct course of action involves taking necessary remedial measures, which can include disclosing the situation to the tribunal. This requirement is grounded in the duty of lawyers to maintain the integrity of the judicial process.

If a lawyer knows that a client is about to present false evidence, the lawyer has a professional obligation to take steps to prevent this from occurring. This is viewed as part of the lawyer's duty to the court, which encompasses not only representation of the client but also upholding the legal system's standards.

The obligation may entail counseling the client against the false testimony, but if the client persists, the lawyer may need to withdraw from representation and inform the court to prevent the wrongful act of perjury from occurring. The principle guiding this action is that a lawyer cannot be complicit in the commission of a crime or fraud, which is what perjury essentially represents.

This approach reflects a balance between client confidentiality and the lawyer's responsibility to the legal system. Thus, the requirement to take remedial measures, which can include disclosure, fulfills this ethical obligation and is an integral aspect of a lawyer’s role in maintaining the law's integrity.