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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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in a civil case, if the plaintiff proves that the defendant

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in a civil case, if the plaintiff proves that the defendant committed perjury (interrogatories, admissions, making counter claims and etcc) by making false statements/accusations and the the defendants attorney now knows but continues to advocate the false statement on their clients behalf is that subnoration of perjury.
Hi,

Thank you for your question.

Subornation of perjury is the crime of persuading someone to commit perjury. This is illegal in the United States under various statutes. Essentially, if the attorney does know that the statements are false and this is established as a matter of fact, then the attorney can be held in contempt of court or can be charged with subornation. However, establishing that the witness is perjuring himself and that the attorney knows that the witness is committing perjury is harder said than done. Many statements may be interpreted differently by different people and allow wiggle room and sometimes that is all it takes to allow a Defense attorney to ask a client to testify when you might consider that testimony a lie. In other words, if there is a reasonable interpretation of a fact that would take it out of perjury, then this would make prosecution for subornation improbable.

Please let me know if you have further questions on this topic.

-ZDN
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Customer: replied 3 years ago.

in brief this is a civil matter, the defenant made false statements to my employer and others, however the defendant does not yet know that the conversation was audio/video recorded. so therefore when i make this known during discovery it will be a matter of fact that the defendant lied! so therefore all the attorney could do is settle the case with the plaintiff or recuse himself. but i presume this attorney will try anything but settling, so that is why i posed the question.

I see. I think you are correct that the video taped evidence will be a powerful tool to force the other side to settle. If they do not settle, the jury will surely punish them for lying, especially if they are stupid enough to do it on the witness stand in court.
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