The legal system does nothing to discourage people from committing perjury. The unhappy fact is that judges almost never refer a case to the District Attorney's office for a perjury prosecution, and prosecutors claim that if they were to prosecute such offenders, everybody who testifies in court would go to jail!
As attorneys, we swear to faithfully discharge the duties of an attorney to the best of our knowledge and ability. Among other things, the duties of an attorney include the following: (1) "To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just..."; (2) "To employ...those means only as are consistent with truth, ... and, (3) "Not to encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest."
Unless and until Courts refer cases of perjury to the District Attorney's office for perjury prosecution, and the District Attorney's office actually prosecutes such cases, everyone who testifies in court will continue to routinely commit perjury. Since the judicial system is not known for its ability to fetter out the truth, I contend that something must be done to reduce the incidence of perjury. Our legal system might improve if attorneys remembered the oath that they took and if the State Bar actually disciplined those attorneys who fail to "faithfully discharge the duties of an attorney and counselor at law to the best of [their] knowledge and ability."
Mark B. Baer, Esq.
Mark B. Baer, Inc., a Professional Law Corporation
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At Mark B. Baer, Inc., a Professional Law Corporation, we assist people in becoming independent of their spouse with integrity, by evaluating and facilitating solutions that are respectful to each other and their families.
Pasadena, California based attorney Mark B. Baer has been advocating for the rights of family law clients throughout southern California since 1991. He provides personalized service to every client and creates customized legal solutions in every case.