What is the attorney's responsibility concerning the testimony of a client who intends to commit perjury?

Gain expertise for the California Professional Responsibility Exam. Study with targeted questions and detailed explanations to master ethics and professionalism. Prepare efficiently for your exam!

An attorney has a fundamental duty to uphold the integrity of the legal system, which includes addressing the possibility of a client committing perjury. When a client intends to testify falsely, the attorney cannot remain complicit in this unethical behavior. Seeking to withdraw from the case is viewed as a responsible action because it allows the attorney to dissociate from the wrongful testimony without violating their ethical obligations.

Withdrawing from the representation acts as a safeguard for the attorney, ensuring they do not become a part of the wrongdoing. This action is crucial because if the attorney were to allow the client to testify, they could potentially be found guilty of suborning perjury and may face serious professional consequences.

Other choices do not align with the ethical duties of an attorney. Allowing the client to testify as they wish or advising them to lie under oath would maintain the falsehood and violate the attorney's duty to the court. Encouraging the client to plead the Fifth may not be appropriate in all situations and can still create ethical dilemmas depending on the context. Hence, the proper course of action is to seek withdrawal in order to maintain professional integrity and adhere to legal ethics.

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