Attorney-Client - Truth Or Confidences: Effective Assistance of Counsel and Client Perjury - Nix v. Whiteside
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Authors
Steier, Larry J.
Issue Date
1987
Volume
20
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|"Even a pebble that seems clear enough at first glance may take on a different hue in a handful of gravel." |In Nix v. Whiteside, the sixth amendment was the element casting varying hues on the question of client perjury. It is axiomatic that lying is wrong. However, Whiteside dealt with more than a client's attempt to lie. Whiteside identified and prioritized elements at the very foundation of our legal system. Those elements are the truth-seeking function of trials and an attorney's duty to protect client confidences. |Therefore, an analysis of Whiteside requires one to decide whether the Court was justified in placing the truth-seeking function of trials over the protection of client confidences. The Whiteside opinion resolved an ineffective assistance of counsel claim and proposed to offer guidance for the attorney faced with client perjury. The problem of a client's proposal to commit perjury has long been a quagmire of the law. Whiteside met the problem by...
Description
Citation
20 Creighton L. Rev. 145 (1986-1987)
Publisher
Creighton University School of Law