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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 Santora Has been amazing throughout this whole process. I am 100% satisfied with how she has been there and represented me.
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5.0/5.0
I worked with Perry Feinberg, as my personal injury attorney for an auto accident, Perry was very responsive, and available to answer all my questions. They are good at communicating with you and keep you informed. I’m finally able to put this acc...
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5.0/5.0
Some of the best lawyers I have ever had very caring and friendly they helped me and my family tremendously, I would 100 percent recommend them and not look any further they will get the job done.
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5.0/5.0
Colleen Santora and Robert Feinberg at Feinberg and Alban treated my husband and I like family. Their concern for us felt personal and genuine. Colleen and Rob always kept on the details of my case fighting for me and guiding me along during a stress...
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5.0/5.0
Colleen was excellent to work with- great communication from start to finish. Highly recommend!
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