Banning lying would not be fair to SIN Sane Insanity NormalcyLying is their Job with a constitutional right to provide for self and God be with you---------- Forwarded message ----------From: Bob Hurt <firstname.lastname@example.org>To: email@example.comCc:Date: Fri, 05 Jul 2013 21:35:33 -0400Subject: [Lawmen: 5377] Lying, Deceitful, Dishonest Bar Members and governmentemployees
An American Bar Association Journal article discusses the conflicts in which lawyers find themselveswhen assisting other government employees in lying and deceiving in order to trick criminals intorevealing their crimes.
The article refers to an Oregon case of an attorney who engaged in an array of unethical activities, purportedly with a good cause in mind. You can find the case here :
This matter should infuriate all lawyers and non-lawyers because it shows that governmentemployees presume they can lie and deceive the people even when perjury laws make lyingto and deceiving government employees into a crime. See 18 USC 2001 and FloridaStatutes chapter 837. By what rationale does any lying and deception become permissible orforgiveable on the basis of one's job alone?The court in the Gatti opinion reflected on the impermissible of ALL lawyer lying anddishonesty.
DR 1-102(A)(3) provides that "[i]t is professional misconduct for a lawyer to * * *[e]ngage in conduct involving dishonesty, fraud, deceit or misrepresentation." The term"dishonesty" in the rule connotes lack of trustworthiness and integrity.
In re Leonard
, 308Or 560, 569, 784 P2d 95 (1989). Misrepresentation is a broad term that encompasses thenondisclosure of a material fact.
In re Weidner
, 310 Or 757, 762 n 2, 801 P2d 828 (1990).A misrepresentation may be a lie, a half-truth, or even silence.
In re Greene
, 290 Or 291,298, 620 P2d 1379 (1980). A material fact consists of information that, if disclosed, wouldhave influenced the recipient's conduct.
, 308 Or at 567-69 (failure to disclosetrue impact of interlineated items in lease material, because disclosure would have prevented other signatories from initialing lease). Even a misrepresentation that is madewith the best of intentions can be a misrepresentation under DR 1-102(A)(3).
In re McKee
,316 Or 114, 125, 849 P2d 509 (1993).A misrepresentation becomes fraud or deceit "when it is intended to be acted upon without being discovered."
In re Hiller
, 298 Or 526, 533, 694 P2d 540 (1985). However, a finding