Attorneys

Role of Advocate

The role of the attorney is to advocate, as skillfully as possible, for the best interests of a party. The party may be the state (as is the case for a prosecutor), a criminal defendant, parties to a lawsuit or family court dispute, or clients seeking representation in the formulation of contracts, wills, or other legally binding documents. The attorney is obligated to follow strict rules of ethics, evidence, and procedures, but enjoys great freedom in attempts to shape interpretations of evidence, rulings, or verdicts among judges and jurors: in other words, to “spin” the facts to their clients' advantage. Strict prohibitions exist [Page 42]against the presentation of false, fraudulent, or fabricated evidence. Nevertheless, through clever bargaining and strategies to shape reactions to the evidence, the attorney is free to attempt to lead the judge, jury, or opposing party to a more favorable (though possibly incorrect or unjust) result, such as exonerating a guilty party or inducing an unwitting opposing party to sign a plea, settlement agreement, waiver, or contract against his or her self-interest.

Standards for Truth in Evidence

Rules of the courts and ethical standards of the profession are designed, as much as possible, to assure just and fair (correct) outcomes. In theory, this is best accomplished when decision makers, or those who enter into legally binding contracts, have the greatest amount of relevant and true information available before signing an agreement, making a ruling, or rendering a verdict. Toward this end, rules exist to control the truth and completeness of information presented in contracts or for use in litigation.

These rules prohibit the introduction of false information, whether represented in contracts; as objects and documents presented as physical evidence; in the form of written or oral statements, presentations, and pleadings of attorneys; or in testimony of witnesses. Specific rules within the American Bar Association (ABA) model rules of professional conduct address matters of deception in the presentation of arguments and evidence to the courts. Under Advocate Rule 3.3 (candor toward the tribunal), attorneys may not knowingly make false statements to the court, they must not fail to correct false statements made relevant to a case or proceeding, and they may not offer evidence (including witness testimony) that they know to be false. If a lawyer, their client, or a witness called by the lawyer offers material evidence that the lawyer later learns is false, the lawyer must take reasonable measures to disclose it to the court. A defense attorney may refuse to submit evidence (other than the criminal defendant's testimony) reasonably believed to be false. Attorney-client privilege may be relevant in these instances, but if a court order is issued by a judge, that privilege may be superseded.

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