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Client perjury: CT law requires actual knowledge by lawyer

By John Wesley Hall, Jr.

Under Connecticut law, criminal defense lawyers have to have actual knowledge of client perjury, not just a reasonable belief before they can act on it. Defense counsel’s representations to the court about it were sufficient. State v. Chambers, Conn., No. SC 18490 (May 25, 2010): We agree with the state that our Rules of Professional Conduct require “actual knowledge” and not a mere “reasonable belief” by the attorney that his client intends to commit perjury.13 See Rules of Professional Conduct 3.3, commentary; Rules of Professional Conduct 1.0(g); see also United States ex rel. Wilcox v. Johnson, 555 F.2d 115, 122 (3d Cir. 1977) (reaching conclusion that federal counterpart requires “actual knowledge”); United States v...continue to full post

Full post as published by Law Of Criminal Defense on June 10, 2010 (boomark / email).