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Advocating for clients requires honesty. Not surprisingly, the rules of professional conduct speak to this. Those rules, as promulgated by the Supreme Judicial Court in Rule 3.4(A) and (B) of 3:07, the Massachusetts Rules of Professional Conduct, prohibit a lawyer from counseling or assisting a witness to testify falsely. The rationale is that the adversary system, while expecting the evidence to be “marshaled competitively by the contending parties”, expects “fair competition” in the process. See Comment to Rule 3.4. Relevant material is not to be altered, concealed, or destroyed. Falsifying evidence, it is pointed out, is a criminal offense.
Not only is the above required by the law, it is a good tactical way to pursue a case. For example, a client signs interrogatory answers under the pains and penalties of perjury. If the lawyer has “put words in the client’s mouth”, one can only imagine the effect on a case when that is exposed in a deposition or at trial. In so doing, not only would the lawyer run afoul of any ethical requirement, the case would lose its value. Half-truths get exposed in the adversarial process. Believe me, I would rather be the one having the opportunity to expose the half-truth than the converse. The point is to have the moral high-ground is not only correct, it is better tactics.
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
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5.0/5.0Colleen and Robert were very responsive during a long process, always ready to answer our questions. They exhibited that much-needed combination of listening to us as clients and guiding us with their expertise, through all the delays and obstacles e...
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5.0/5.0
Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...
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5.0/5.0
While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...
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5.0/5.0
I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...
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5.0/5.0
On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...
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