Subornation of perjury

From LawGuru Wiki

Subornation of perjury is a legal term describing the act of an attorney who presents testimony (or an affidavit) the attorney knows is materially false to a judge or jury as if it were factual. Generally, the knowledge that the testimony is materially false must rise above mere suspicion to what a reasonable attorney would have believed in the circumstances. For example, the attorney cannot be wilfully blind to the fact that their witness is giving false testimony. An attorney who actively encourages a witness to give false testimony is clearly guilty of suborning perjury. It can occur in either a civil or criminal case.

Allowing the presentation of false testimony does not rise to the level of subornation unless the attorney uses the material part of the testimony to make the case. For example, if the attorney does not refer to the false testimony in argument, the perjury may have occurred but the attorney has not suborned it.

Subornation of perjury is not a civil wrong, but can lead to criminal charges. It is also an offence for which an attorney can be disbarred or otherwise disciplined.

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