Lawyers Frequently Lie To Their Adversaries - Above the Law

"This usually means that lawyers cannot lie to their adversaries, since the administration of justice typically requires that practitioners be truthful in their statements to one another. While misstatements about settlement authority and other trivial issues might be dismissed, lawyers often lie in egregious ways. Attorneys should trust what their adversaries say, but always verify statements that are made, since lawyers may make misstatements about the facts or law to advance a client's position."

"My adversary agreed to discontinue the case in the trial court, which would mean that the appeal we filed was moot. However, since one of the parties was not represented by counsel and could not be reached, we had to get the court to approve the stipulation of discontinuance that was signed by all of the parties who had active counsel."

Ethical rules require lawyers to be truthful to adversaries because the administration of justice depends on honest statements. Misstatements about settlement authority may be dismissed, but lawyers sometimes lie in egregious ways. Practitioners should trust adversaries but always verify factual and legal statements because misrepresentations can advance a client's position. An early-career lawyer handled an appeal originally managed by another attorney. The adversary agreed to discontinue at the trial level, potentially rendering the appeal moot, but one unrepresented party required a court-approved stipulation. The opposing counsel attempted to bully the lawyer by claiming an appellate warning that the appeal was frivolous and sanctionable, causing concern.

Read at Above the Law