Monday, September 04, 2006

Judge, Jury and Executioner

To those who claim that I must muzzle my clients from taking the stand in their own defense, I present Rule 6 from Chapter 8 of the Law Society of BC's Professional Conduct Handbook:

Inconsistent statements or testimony

6. Mere inconsistency in a client's or witness's statements or testimony, or between two proffered defences, is insufficient to support the conclusion that the person will offer or has offered false testimony. However, the lawyer shall explore the inconsistency with the client or witness at the first available opportunity. If, based on that enquiry, the lawyer is certain that the client or witness intends to offer false testimony, then the lawyer shall comply with Rules 2 to 5. Otherwise, the lawyer is entitled to proceed, leaving it to the court or tribunal to assess the truth or otherwise of the client's or witness's statements or testimony.

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