As agents of the court, aren’t they held to a high standard of conduct? Doesn’t this kind of intentional “misleading” rise to the level of perjury? Isn’t it criminal, and not just unethical? Shouldn’t these attorneys be attending rehabilitation classes at the Graybar Finishing School?
The term “perjury” refers specifically to making a false statement under oath. It’s rare for lawyers to commit perjury for the simple reason that lawyers generally do not make statements under oath—that’s what witnesses do.
“As agents of the court, aren’t they held to a high standard of conduct? Doesn’t this kind of intentional “misleading” rise to the level of perjury? “
Another problem with having a licensed, self regulating profession. Discipline is meted out by the Bar Association which rarely disbars its members no matter serious the offense.
I once hired an attorney for a lawsuit. I asked around the business community and was told he would be best for my case. I gave him the requested $3000 retainer. After the two weeks he requested to review the materials I gave him, I called to discuss his point of view regarding the case. He did not return my call. After over a dozen attempts to get him on the phone over another two week period I wrote him a letter. No response. I finally demanded his secretary stop covering and give me an answer. My answer came in a return call from her stating he needed another $10,000. I asked for a report before paying and was told I had to pay first. I still had no been given the courtesy of speaking to the attorney.
I then told the secretary I wanted all of the papers and evidence I had provided the attorney to review back. She refused.
Ultimately I learned the attorney was a close friend of one of the potential defendants in the suit I wished to file. That fact had not been disclosed when he was hired.
I went to see another attorney about suing the first attorney or filing a complaint with the bar association. He told me the first attorney was extremely powerful in the state bar and state politics. Any local judge would throw out a suit, if I could find an attorney to file one. He said filing a complaint with the bar association would be a complete waste of time. The members of the disciplinary committee and my first attorney would have a good laugh at my expense over drinks.
Self regulating professions do not have ethics.