What to Do If Someone Is Lying to the

Court? - Clay Serenbetz

Witnesses including parties to the case provide testimony to the court that the judge and jury

consider. When witnesses testify to the court, they do so under oath. They also do so under the

risk of facing criminal charges if they lie to the court. There are steps that another person can

take whether a party or an observer to inform the court of lies.

Cross-Examination

A person cannot simply stand up in court and declare that someone is lying to the court. Instead, his or

her attorney has the job of questioning the initial witness during cross-examination. During this time, he

or she can try to demonstrate inconsistencies i the i itial it ess’ testi o y to put his o he edi ility i uestio . The ju y a a ept a it ess’ testi o y i hole o i pa t, o it a hoose ot to elie e a witness at all.

Perjury

Perjury is the criminal act of lying or making statements to misrepresent something while under oath.

Lying under oath disrupts the judicial process and is taken very seriously. Being convicted of perjury can

result in serious consequences, including probation and fines. For federal perjury, a person can be

convicted by up to five years in prison. For state perjury convictions, a similar sentence in a state prison

may be imposed.

Legal Assistance

Individuals who believe that someone is lying to the court may choose to discuss this issue with a

lawyer. A lawyer can explain the options available and what can be to remedy the situation.

Jury Instruction

The party who believes that the other side has presented untruthful testimony can request that the

judge give a jury instruction regarding the credibility of evidence. Such an instruction can state that the

jury has the ability to weigh the evidence presented and to make their own impressions regarding

credibility and the weight to give each piece of evidence.

Can I Get a Second Opinion for My Case? -

Clay Serenbetz

An important public policy is to allow individuals to be able to have access to legal resources that they

trust. This includes hiring an attorney whom the client trusts. Another important public policy

consideration is being able to freely enter into a contract. Therefore, clients who retain the services of

an attorney are usually entitled to ask someone else for a second opinion.

A client who seeks an opinion from another attorney may more thoroughly understand an issue after he

or she receives the second opinion. The opinion may be confirmed by another legal professional,

providing the client with greater confidence in the decision. Alternatively, the second opinion may result

in the client wanting to go in another direction. If a law firm does not have sufficient resources, it may

skimp on more expensive charges, such as hiring expert witnesses. However, a lawyer who offers a

second opinion may explain whether such expenses are worth the cost or will make a significant

difference in the case. Getting a second opinion on a case involving money damages for a settlement

can also help the client learn if his or her expectations are in line with the reality of such cases.

While clients generally have the right to seek another opinion, there may be certain situations in which

their lawyer is not providing the proper representation to the client. In these situations, it is often best

that the client learn this information as soon as possible in order to make a change in counsel before too

much damage is done.

For example, if the lawyer is giving the impression that he or she is too busy by not returning phone

calls, providing rushed answers that do not take into account individual facts and details or always

referring the client to someone else, the lawyer may not be prioritizing the case. If the lawyer does not

have very much experience in the subject matter or has not conducted enough research to fully

understand the legal issues, he or she may not be able to provide competent legal representation.