4 ms·
Fair, but having experienced family court firsthand, the bar does not care if you lie. It's considered fair play in court. How is this any different?
by solfox 3y ago
Fair, but having experienced family court firsthand, the bar does not care if you lie. It's considered fair play in court. How is this any different?
- ysofunny 3y agothere's a difference between things spoken out loud and things written down? to speak is not equivalent to writting
- rrr_oh_man 3y agoIn most European law, there is no such distinction.
- lupire 3y agoUS law too.
- ysofunny 3y agobut there's nonetheless a difference surely not in principle because anything that's been written may be read out and spoken (and viceversa, anything is potentially transcribe-able) nonetheless, when push comes to shove there's a real difference: written stuff (text) is readily usable as evidence but things only ever spoken are not.
- rrr_oh_man 3y agoSpoken as in hearsay? Probably not. Spoken with witnesses? Most definitely.
- dylan604 3y agoI think that lawyers should be sworn in just like the witnesses. The fact they are not has always bothered me
- orionsbelt 3y agoLawyers are bound by ethical rules of the profession and also take an oath when being admitted as lawyers.
- aaomidi 3y agoWhich the bar is not enforcing.
- solardev 3y agoIs any of that legally binding?
- frognumber 3y agoYes, but entirely unenforced. The bar acts like an old-time guild designed to protect insiders. On paper, it's intended to be self-policing (file a complaint with the Board of Bar Overseers and see it go into the circular file).
- solardev 3y agoBut I mean, isn't that different than something actually being illegal, and subject to prosecution?
- justinclift 3y ago> Lawyers are bound by ethical rules of the profession Those "rules" are often seen as advisory (or less) though, as they're commonly completely ignored.
- gamblor956 3y agoHaving experienced family court firsthand as a clerk, and as a member of the ethics committee, I can tell you that the bar absolutely does care if a lawyer lies in court. It is a sanctionable offense. At the low end, it is a fine in the thousands. The usual sanction is a suspension of the lawyer's license to practice for several months. At the upper end, the penalty is revocation of one's license to practice law.
- solfox 3y agoWhy, then, is it most common for a judge to fine a lawyer $999 if they bother to issue sanctions against them? A laughable and seemingly arbitrary hand-slap for an attorney making $550+/hour! But it's not arbitrary because a $1000+ fine would result in mandatory reporting to the bar. One recent high-profile example of such a consequence-avoiding fine is THIS VERY CASE: https://www.washingtonpost.com/technology/2023/11/16/chatgpt-lawyer-fired-ai/ https://www.washingtonpost.com/technology/2023/11/16/chatgpt...