Can Attorneys Lie During Your Case?February 10th, 2021
By Omid Rejali, Esq.
Believe it or not, the answer to this question is YES. This one was a shocker to myself when I learned about it. Although I understand the rationale behind it, to me it's still unfortunate that we even have laws in place that allow attorneys to lie during the pendency of litigation without facing consequences.
The Litigation Privilege
The litigation privilege allows parties and their attorneys protection from civil liability from any statements they have made during the pendency of litigation. The policy behind this is because the courts do not want to have prolonged litigation that arises out of a litigation that is already going on. As you may imagine that would lead to litigation after litigation after litigation.
On the flip side of that however, attorneys and parties can lie during the pendency of litigation without facing any consequences.
Now, that is not to say that the attorney who has made a false representation cannot be sanctioned by the state bar and face consequences in that venue, or that a prosecutor may attempt to file perjury claims against him or her or a party.
The litigation privilege does however insulate parties and their attorneys from being held civilly liable for their conduct during the pendency of litigation.
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