Answer: If a lawyer knows that evidence presented to the court is false or that perjury is about to be committed, the lawyer has a duty to take remedial measures to prevent the false evidence or perjury from being presented to the court. This duty is based on the lawyer's obligation to uphold the integrity of the legal system and ensure that justice is served.
The remedial measures that a lawyer may take in this situation may include:
- Advising the client against presenting false evidence or committing perjury.
- Refusing to present false evidence or allow the client to commit perjury.
- Withdrawing from representation if the client insists on presenting false evidence or committing perjury.
- Disclosing the false evidence or perjury to the court or other appropriate authorities.
If the lawyer fails to take remedial measures in these situations, the lawyer may be subject to disciplinary action by the state bar association, and may also face potential civil or criminal liability for their actions.