Counselled Client to Lie
If you believe a witness has committed perjury, report the matter to the police as perjury is a criminal offence.
It is not misconduct for a lawyer or limited licensee to:
- get their client’s version of the facts; and
- prepare court materials that reflect their client’s version of the facts.
It is very common in legal disputes for opposing parties to have opposing versions of the facts. Having a different view of the facts from the opposing party is not an issue of conduct or competence.
In a court or tribunal process, each side has an opportunity to:
- respond to materials;
- put their version of the facts before the court or tribunal; and
- object to the alleged false statements contained in the materials.
A judge may find one person’s testimony more credible or supported by the evidence, than the testimony of another person.
This does not necessarily mean that the judge is making a finding that a person lied under oath.
If the opposing counsel’s client stated or submitted something under oath and there is evidence that the lawyer or limited licensee knew or ought to have known the statement was false, submit a complaint.
Common Questions
Evidence can include a court decision or documentary evidence refuting the statement, that is known to have been in the possession of the lawyer. For example, a copy of an emailed response sent to the lawyer, where the lawyer (or their client through their lawyer) claims there was no response.