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Ethical Issues Arising from Client Deposition Perjury  


Author:  Matthew A. Schwartz.; Aaron J. Blake.


Source: Volume 56, Number 15, September 1 2023 , pp.215-222(8)




Review of Securities & Commodities Regulation

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Abstract: 

When a lawyer knows that a client is lying during sworn deposition testimony, ethical rules suggest that the lawyer should take a break from the deposition and remonstrate with the client. But what does a lawyer do when court rules prohibit the lawyer from conferring with the client mid-deposition?

Keywords: Duty of Candor; Rules Governing Deposition Breaks; Appropriate Remedy

Affiliations:  1: Sullivan & Cromwell LLP; 2: Sullivan & Cromwell.

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