Deposition Perjury

In accordance with the Texas Disciplinary Rules of Professional Conduct, as emphasized by legal scholar Fred Moss, a resolute public policy is firmly established against safeguarding client information when a client seeks a lawyer’s aid in committing crimes or engaging in fraud (Texas Bar, n.d.). Lawyers are mandated to uphold truthfulness and to abstain from facilitating or condoning criminal or fraudulent acts, while also refraining from undermining the justice system or subverting the litigation process (Texas Bar, n.d.). It is unmistakably clear that failing to rectify, disavow, or disclose instances of material deposition perjury can be interpreted as endorsing, if not actively participating in, the client’s illicit actions. Moss’s insights align with the Texas Ethics Opinion 473 (1991), which underscored the importance of a lawyer disclosing the truth when learning that their criminal client falsely claimed indigency, in order to prevent complicity in the client’s criminal or fraudulent conduct, even if the falsehood was not spoken openly in court.

Expanding upon this principle, the American Bar Association (ABA) has extended the scope of disclosure to encompass depositions. The rationale behind this extension lies in the understanding that false material evidence, regardless of its origin, can significantly influence the outcome of the adjudicatory process. This viewpoint is undeniably valid. It is proposed that Rule 3.03’s commentary should be revised to explicitly incorporate the requirement of disclosing depositions, particularly in cases where a client or witness refuses to rectify or disavow their false material testimony prior to significant settlement negotiations.

A fundamental fact is that attorneys are unequivocally prohibited from utilizing false evidence to substantiate their client’s claims during pre-trial motions, settlement negotiations, or the trial itself (Texas Bar, n.d.).

Disclaimer: This is not legal advice – Always seek assistance from an attorney.
Reference:
Texas Bar. (n.d.). Disciplinary Rules of Professional Conduct: Protecting the Adversarial System From Condoning or Assisting Perjury. Retrieved from https://www.texasbar.com/AM/Template.cfm?Section=articles&Template=/CM/HTMLDisplay.cfm&ContentID=47860