Tip of the day: When testifying, do NOT lie. Also, do NOT lie to the FBI.
Lying in Court is perjury, not smart and causes you to lose credibility with the Judge. Lying to your lawyer results in frivolous matters being filed, tried and ultimately can open you up to sanctions of the Court. Lying to the FBI gets you indicted.
noun: lie; plural noun: lies
an intentionally false statement.
untruth, falsehood, fib, fabrication, deception, piece of fiction, falsification
If you aren’t sure what the truth is then just say so. Don’t lie.
Occasionally, lawyers are in Court to give testimony. They are called as witnesses just as a party might be. Usually, the Court waives the requirement of administering the Oath.
While done as a courtesy, it does not reduce the lawyer’s obligation to be truthful. Lawyers, upon being licensed and admitted to the practice of law are under oath and have a duty to be truthful with the Court in all pleadings, appearances and interactions in their role as a lawyer with the Court.
Lawyers are not only subject to the same potential penalties for perjury, but are also subject to Bar Association discipline if lying to the Court, or otherwise violating Rules of Professional Conduct.
Your lawyer should be familiar with these rules and at least know that they exist.
Matthew Thompson is a Family Law Attorney in Mississippi and reminds Lawyers, you have to tell the truth too.
“I’ll take a lie detector test!” Famous last words.
Lie Detector Tests and their application in Mississippi Law is limited. The tests themselves are deemed generally unreliable by a legal standard and are not admissible in Court, absent mutual agreement or stipulation otherwise. However, law enforcement relies on them when administered properly. Personally, I have seen testing and the results impact several cases.
First off, What is a Polygraph Test? A test which measures and records physiological indicators such as; blood pressure, pulse, respiration, and skin conductivity, while the subject is asked and answers a series of questions. Wikipedia.
During the actual test only the test taker and examiner are present. The questions asked are typically only a few and they are asked a number of times, the exact same way. There are no surprise questions, no questions that are not rehearsed, and no Lamp Shades.
The test is measuring your involuntary responses and during the pre-test phase you are instructed to lie about an answer for comparison to involuntary responses during the testing.
Despite their limited Courtroom application, law enforcement agencies routinely administer Polygraph tests to suspects of crimes and the FBI uses polygraph testing regularly for not only suspects and witnesses, but also testing their own personnel, staff and agents.
I have used Polygraph testing in several cases where issues involved abuse allegations. In one instance a properly administered and passed Polygraph test helped result in a matter being dismissed by the Court and helped end a criminal investigation and rightly so.
As for the tricks on Ocean’s Eleven on to how to beat the test…well, the FBI tests for counter measures.
Matthew Thompson is a Family Law litigation attorney in Mississippi and encourages you not to lie!