Search Site
Menu
Ethics and Tactics

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.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Marsha Alban is a great attorney and very easy to work with!

    Read more

    Lana Bautin

  • google
    5.0/5.0

    I have had the pleasure of working with Attorney Santora several times, and she has never let me down. She is professional, compassionate, knowledgeable, and always keeps my best interest at the forefront. I have recommended her to friends without he...

    Read more

    Brian Orsatti

  • google
    5.0/5.0

    I highly recommend Marsha! From start to finish was just as easy as a law process can be. No words to explain how wonderful all of them are. Highly proportional and caring. All questions answered , all problems resolved. Thank you ! Look no more. Thi...

    Read more

    Katerina Zhantuan

  • lawyers
    5.0/5.0

    Marsha and Paula were nice to work with. Both of these women were top notched. I enjoyed being updated on my case without the usual hassles of emailing and continuously leaving voice mails. Working with these two women were stress free and that was v...

    Read more

    Client

  • google
    5.0/5.0

    Attorney Santora was very attentive to the details of my case. She was prompt in returning either phone calls or emails. Her expertise aided me in making a decision. It was a pleasure to have her represent me.

    Read more

    Karen Trahan

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form