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Client Perjury - Again, and Still

The current issue of the GJLE has the first law review article I have written on the perjury trilemma since the 1966 one in the Mich. L. Rev. I'd be interested in comments. Here is the TOC.

I. The Beginning of the Client Perjury Controversy

II. The ABA?s Solutions to Client Perjury

(A) The Canons of Professional Ethics (1908-1969) ? Protecting Client?s Confidences Given Primacy Over Candor to the Court

(B) The Model Code of Professional Responsibility (1969-1983) ? Disclosing Client Perjury Continues To Be ?Unthinkable?

(C) The Model Rules of Professional Conduct (1983) ? The Apparent Change in Policy in Rule 3.3 Has Been Virtually Nullified by Interpretation of ?Knowing?

III. Model Rule 3.3 Unfairly Prejudices Defendants Who Are Poor and Members of Minority Groups

IV. Model Rule 3.3 Violates the Fifth and Sixth Amendments

Full post as published by Legal Ethics Forum on February 12, 2008 (boomark / email).

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