October 02, 2020

In this article, Jenner & Block Partner Kirsten Spira examines California Professional Rule of Conduct 3.3 in the context of civil litigation and a lying witness.  The rule forbids lawyers from engaging or assisting in dishonest conduct and requires that a lawyer who knows a witness has lied take reasonable remedial measures including, if necessary, disclosure to a court, arbitrator, or administrative body.  Kirsten also details what lawyers should do if they believe a witness is going to lie, how to respond when finding out a witness lied after testimonyis completed, and when withdrawal is permitted or required.  "What remediation measures are appropriate, and whether withdrawal may be required, must be determined on a case-by-case basis, consistent with the lawyer’sother ethical obligations,” Kirsten explains.