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If that fails, the advocate ought to seek to withdraw if that can remedy the situation. If withdrawal won’t remedy the situation or is unimaginable, the advocate should make disclosure to the courtroom. It is for the courtroom then to find out what ought to be carried out–making a press release about the matter to the trier of fact, ordering a mistrial, or maybe nothing.
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The most tough situation, subsequently, arises in a criminal case the place the accused insists on testifying when the lawyer knows that the testimony is perjurious. The lawyer’s effort to rectify the situation can enhance the likelihood of the consumer’s being convicted as well as open the possibility of a prosecution for perjury. On the other hand, if the lawyer does not train control …