Certified Legal Professional (CLP) Practice Exam

What is required when an attorney learns a witness has committed perjury?

1. Consultation with the client regarding disclosure

2. Immediate reporting of the perjury to the court

3. No action is necessary as it is not related to the client

4. Encouragement for the witness to correct their testimony

The correct answer is: Immediate reporting of the perjury to the court

When an attorney learns that a witness has committed perjury, the requirement is to report the perjury to the court. This obligation stems from the ethical duty of an attorney to maintain the integrity of the judicial process. Perjury undermines the truth-finding function of the legal system and can lead to unjust outcomes. Therefore, the attorney has a responsibility to ensure that the court is aware of the false testimony so that appropriate corrective measures can be taken. The attorney's role includes safeguarding the integrity of the court, and failure to report perjury can have serious consequences, not only for the witness but potentially for the legal proceedings as a whole. By reporting the perjury, the attorney helps uphold the principles of justice and accountability within the legal system. While consultation with the client, encouraging the witness to correct their testimony, or believing that no action is necessary might seem like reasonable steps, they do not align with the ethical obligations imposed on attorneys in the face of perjury. These actions may lead to further complications or even additional violations of the law. Therefore, reporting the perjury to the court is the mandated course of action.