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Attorney Deceit

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  • Legalbear
    Attorney Deceit: The Complaint alleged violations of The Colorado Rules of Professional Conduct ( Colo.RPC ) 3.3(a)(1) (a lawyer shall not knowingly make a
    Message 1 of 1 , Mar 26, 2014

      Attorney Deceit:


      The Complaint alleged violations of The Colorado Rules of Professional Conduct ("Colo.RPC") 3.3(a)(1) (a lawyer shall not knowingly make a false statement of material fact or law to a tribunal); Colo. RPC 8.4(a)(violation of a rule of professional conduct); Colo. RPC 8.4(c) (conduct involving dishonesty, fraud, deceit or misrepresentation), and Colo. RPC 8.4(d) (conduct prejudicial to the administration of justice).


      An attorney's misrepresentation of material facts to a court with the aim of benefiting himself or others to the detriment of his adverse party cannot be tolerated under an adversary system which depends upon the honesty of its officers to render fair and just decisions. Judicial officers, members of the profession and the public at large must be able to rely upon the truthfulness of an attorney's statements to the court. Confidence in the truth-seeking process engendered in our system of justice cannot exist absent such reliance. Kolbjornsen's misconduct, therefore, is of the most serious nature. The misconduct caused significant financial harm to MacPhale, it deceived and misled a court charged with the responsibility of rendering a just and fair decision, it necessitated further unnecessary judicial proceedings and it reflected adversely upon the profession. People v. Kolbjornsen, 35 P. 3d 181, 184 (Colo. 1999).


      In the case of In re DeRose, 55 P.3d 126 (Colo. 2002), 2002 Colo.LEXIS 820 the Colorado Supreme Court recently stated:


      Attorneys must adhere to high moral and ethical standards. Truthfulness, honesty, and candor are core values of the legal profession. In re Pautler, 47 P.3d 1175, 1178-79 (Colo.2002). Lawyers serve our system of justice as officers of the court, and if lawyers are dishonest, then there is a perception that the system must also be dishonest. Id. at 1179. Attorney misconduct perpetuates the public's misperception of the legal profession and breaches the public and professional trust. Id. at 1183.


      Id. at 131.


      A lawyer who knowingly misstates material facts to a tribunal fails to meet those high moral and ethical standards. People v. Costa, 56 P.3d 130 134 (Colo. 2002).



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