When the Criminal Client Intends to Commit Perjury

3 Pages Posted: 28 Mar 2008 Last revised: 30 May 2008

See all articles by Grace M. Giesel

Grace M. Giesel

University of Louisville - Louis D. Brandeis School of Law

Abstract

This is a short piece geared to practitioners but also discusses a case that may be of interest to professors of professional responsibility. In the case of Brown v. Commonwealth, 226 S.W.3d 74 (Ky. 2007), the Kentucky Supreme Court has provided trial courts and lawyers, especially criminal lawyers, with some much needed ethical guidance. While the case itself was a criminal appeal, not an attorney discipline matter, the Court's opinion provides insight into the ethical sticky wicket of the proper conduct of the lawyer for a criminal defendant when the defendant intends to commit perjury. Such a situation pits the constitutional rights of criminal defendants against the ethical duties of defense counsel to act with candor to the court.

Keywords: Professional responsibility, ethics, rule 3.3, perjury, client testimony

JEL Classification: K40, K41

Suggested Citation

Giesel, Grace M., When the Criminal Client Intends to Commit Perjury. Louisville Bar Briefs, February 2008 , University of Louisville School of Law Legal Studies Research Paper Series No. 2008-18, Available at SSRN: https://ssrn.com/abstract=1113469

Grace M. Giesel (Contact Author)

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
116
Abstract Views
779
Rank
430,305
PlumX Metrics