Attorneys are prohibited from engaging in misleading and deceptive acts, including concealment of material facts, false statements, and half-truths. In the Matter of Chesnut, 4 Cal. State Bar Ct. Rptr.166.
"Respondent's argument is that a misrepresentation to a court is not material unless it sucessfully misleads the court is contrary to the express wording of Business and Professions Code section 6068 subdivision (d), which provides that it is the duty of an attorney to never seek to mislead a judge by a false statement of fact or law.
"The conduct denounced by this statute is not the act of an attorney by which he successfully misleads the court, but the presentation of a statement of fact, known by him to be false, which tends to do so. It is the endeavor to secure an advantage by means of falsity which is denounced. Whether respondent violated section 6068, subdivision ( d) depends first upon whether his representation to the court was in fact untrue, and second, whether he knew that his statement was false and he intended thereby to deceive the court.
"With regard to whether respondent intended to deceive the court, the presentation to a court of a statement of fact known to be false presumes an intent to secure a determination based upon it and is a clear violation of section 6068, subdivision (d).
"Respondent's statements to the two courts were in fact untrue and he knew they were untrue. Thus, it is presumed that the statements were made with an intent to secure an advantage. No credible evidence rebutted this presumption."
California Supreme Court Responsible for Attorney Oversight and Accountability
- Chief Justice Patricia Guerrero
- Justice Carol Corrigan
- Justice Goodwin Liu
- Justice Leondra Kruger
- Justice Joshua Groban
- Justice Martin Jenkins
- Justice Kelli Evans
California Attorney Misconduct and Malpractice: Laws, Rules, Ethics, and Moral Turpitude.
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