Can lawyers lie to help their clients? There is the idea of the snake-like lawyer who is willing to say anything to get their client out of trouble.

This perception, deeply entrenched in public sentiment, has been fueled by Hollywood’s romanticized portrayal of a criminal justice system where deceit often trumps ethics. The idea of a lawyer being responsible for allowing a serial killer to go free.

But contrary to this popular misconception, most lawyers are terrified of doing anything that could jeopardize their license to practice law. Even when it’s not a lie, and when it’s in their client’s best interests.

Lawyers In Canada Must Follow a Code of Professional Conduct 

In Canada, we have a Law Society for each province. The Code of Professional Conduct for lawyers, an indispensable compass guiding legal practitioners, says that lawyers are banned from lying- not to the court and not to their clients.

In my experience as the CEO of ClearwayLaw, a website that has 500,000 lawyers on it, my experience is that most lawyers are comfortable lying or misleading their clients, but never the courts.

The mandate of a lawyer is to represent their client to the best of their abilities, but the temptation to cross into the realm of falsehood must be resisted. The cornerstone of any judicial system, after all, is truth and fairness.

Lawyers ethical obligations with lying

Courts place their unwavering faith in the accuracy of information presented to them (like Affidavits), delivering court orders based on this premise. When lawyers succumb to the seduction of deceit, they are not only flouting their ethical obligations but also undermining the very foundation of justice.

But why does the stereotype of mendacious lawyers persist? The answer lies in comprehending the delicate art of advocacy. Lawyers are masters of persuasion, skillfully moulding facts to suit their goals.

It is crucial to understand the difference between shaping the truth and shattering it. Legal professionals operate within the well-defined confines of ethics, making it a point never to venture into dishonesty.

Accusations of dishonesty in court

But most of the time, lawyers don’t know what the truth is. And yet, they have to go to court or write legal letters, where they must seem 100% sure of what they are saying.

This often triggers accusations of dishonesty. But let’s be clear: It’s not lying. It’s a calculated game of perceptions and strategy. Lawyers curate the presentation of facts, emphasizing certain aspects, and underplaying others to favour their clients (or themselves.)

However, under no circumstances are they meant to resort to falsehoods or falsifications.

Lawyers Don’t Represent Their Clients At All Costs

It’s paramount to remember that lawyers are not just advocates for their clients but also officers of the court. They have a duty that supersedes their allegiance to their client. Most people don’t know this.

This “duty to the court” is one that’s anchored in upholding the sanctity of the court and the law. Lawyers have the absolute right to refuse representation if they suspect their client intends to lie. They’re not mere marionettes dancing to the tunes of their client’s deceptions for money.

The legal fraternity does not take kindly to those who betray their oath. Any lawyers found guilty of lying face severe disciplinary actions, ranging from public reprimands to the ultimate sanction of disbarment. 

The damage to one’s professional reputation, in an industry where reputation is everything, is another heavy price to pay. The legal community is tightly knit, and word travels fast. A reputation tarnished by dishonesty is often a massive obstacle to a successful career as a lawyer.

Can lawyers lie?

In criminal law, the concept of ‘zealous representation’ is frequently misconstrued. Defence attorneys, tasked with defending individuals accused of severe crimes, are often unfairly branded as liars. 

In truth, they’re the gatekeepers of justice, holding the Crown Prosecutors and ensuring it meets the burden of proof beyond a reasonable doubt. Even in the day and age of social media, the concept of “innocent until proven guilty” applies.

Lawyers find themselves straddling a delicate tightrope, balancing their obligations to their clients and their duties to the court. This balance is integral to the fair administration of justice, a characteristic that distinguishes legal professionals and is irrevocably damaged when lawyers lie.

Lawyers play a critical role in society, one anchored in truth, integrity, and fairness.

The narrative of the lying lawyer needs to be retired to the annals of urban legend, where it rightly belongs. Trust your lawyer, but then verify their reviews online.