Friday, February 15, 2008

a link to a post

from one of my favorite blogs. the cool justice report by andy thibault (even though this article is not by andy). andy is quite the renaissance man. i've never met him, but he and i both live in connecticut. i'm in the process of reading one of his books right now, law and justice in every day life. it's fascinating. i've told him i love reading the book, but the stories are scaring the HELL out of me (they deal for the most part with connecticut cases).

andy has taken up causes (i don't know if that's the correct terminology. i don't know if HE would describe it that way) from
billy smolinski to avery doninger AND LOTS in between.

if i was ever in a jam, i hope i'd have someone like andy at my back

Column: Top Connecticut Lawyer Delineates Ethics Rules On Telling The Truth

Liar, Liar Pants on Fire: The Rules For Lawyers Have Changed" The lawyer is mandated to remedy the falsity, even if it means informing the court that the client is lying ... Thus it is not only truth by others, but as importantly, truth from attorneys that is mandated."By RICHARD MEEHAN The Cool Justice Report
Feb. 15, 2008
EDITOR'S NOTE: This column is available for reprint courtesy of The Cool Justice Report,
The Rules of Professional Conduct (RPC) are the Bible governing lawyer ethics. Despite the cynicism of some wags, we do try to police ourselves as a profession and adhere to a code that places respect for the process above all other considerations.Lawyers have always had an obligation to be truthful with the court. Overzealous representation should not lead to an attorney misrepresenting the facts or misleading a court on issues of legal authorities. Traditionally, the RPC required that an attorney not participate actively in presenting false testimony before a tribunal. That rule has been amended to demand even more of lawyers.Rule 1.6 of the RPC requires lawyers to maintain client confidences. The sanctity of the attorney client privilege is no less than the sanctity of the seal of the confessional between priests and penitents.But what is the lawyer's responsibility when he learns that a client has given false testimony? Does the privilege mandate attorney silence and allow a subversion of the truth finding purpose of the judicial process? No.................. (read the rest at the link above)

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