Legal Question in Legal Malpractice in New Jersey

Lawyer told me to lie on deposition.

What recourse do you have when your lawyer tells you to lie to an insurance company at an accident deposition and then gives the insurance company proof that you lied?

Asked on 1/02/02, 10:55 pm

1 Answer from Attorneys

David S. Lubin STEVEN A. BERKOWITZ & ASSOCIATES
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Re: Lawyer told me to lie on deposition.

Dear Lawguru Participant:

Concerning your 1/2/02 posting, based upon the facts you have described, in New Jersey, your deposition testimony may be covered by N.J. Statute 2C:28-1 [Perjury], Subsection (d), which provides:

d. Retraction. It is an affirmative defense under this section that the actor retracted the falsification in the course of the proceeding or matter in which it was made prior to the termination of the proceeding or matter without having caused irreparable harm to any party.

You and your attorney together, in advance, should probably have considered the best way of utilizing the provisions set forth in subsection (d) concerning a retraction. (If the lawyer who assisted you at the time of your deposition and you disagree as to the substance of the retraction, then you should probably take immediate steps to consult with an independent attorney.)

Your posting is presented under a category entitled "Legal Malpractice Law." I would need to know more facts to determine whether there is any possible cause of action for "legal malpractice" on your behalf against the attorney who assisted you in your deposition.

Wish best wishes to you and yours for the New Year, I hope this information is beneficial to you.

Dave Lubin

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Thanks. [revised on January 3, 2002 (11:15 am)]

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Answered on 1/03/02, 11:36 am

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