Perjury occurs when a person makes a statement under oath while they know it is not the truth. Most perjury cases in Missouri happen when a witness tells a lie related to an investigation, lawsuit, or inquiry associated with an official proceeding.
An attorney owes the court the duty to be honest and disclose all material facts. They may, therefore, be found guilty of perjury if they know that a client has submitted false evidence to court.
Sometimes, a client can make a false statement without intentionally doing so in circumstances you can’t remember or while confused.
Regardless of your situation, consider speaking to a trusted St. Louis personal injury attorney who can provide legal guidance and protect your rights.
What Ethical Obligations Exist When a Lawyer Learns a Client Has Committed Perjury?
Their obligations remain the same whether a lawyer is undertaking a civil or criminal case. When a client informs counsel of their intention to commit perjury, their first action should be to dissuade the client from committing the offense.
Usually, an attorney advises clients that they may be forced to withdraw from representation if they continue to commit the perjury offense.
When a lawyer obtains actual knowledge that a client has submitted false evidence or perjury, the lawyer's immediate duty is to plead with the client to correct the perjured evidence or false testimony.
If the client fails to heed the advice, the lawyer should inform the court of the false evidence or perjured testimony. A lawyer may also ask the court to allow them to withdraw from the case and ask the client to find an attorney without disclosing to the judge that perjury is the reason for withdrawal.
What Are the Consequences of a Perjury?
A person guilty of a perjury offense will face felony charges because issuing a false statement can interfere with the outcome of a personal injury lawsuit. Even so, the false evidence or statement should be ‘material’ to the personal injury lawsuit.
Moreover, a person is only charged with a perjury offense if they have vowed to tell the truth under the law by taking an oath to a law professional such as a judge or notary public.
Penalties of Perjury in Missouri
Penalties for people found guilty of perjury vary and may include fines, probation, a one-year jail term, and up to five years in prison for a federal conviction—If the at-fault party perjures in their trial while on the stand, they may face severe punishment.
How Can An Attorney Help?
Perjury is a criminal offense that may be complicated depending on the facts of the case. If you’re under investigation for a perjury case, it is crucial to seek representation from an experienced attorney to determine the strength of the case and defend you.
Speak to an Experienced Personal Injury Attorney
Part of an attorney’s duties includes providing legal guidance to clients on avoiding perjury offenses.
Consider engaging an experienced lawyer from Burger Law Injury Trial Attorneys with decades of experience representing clients. Contact us online for a free consultation.