While the Opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. It is further determined that the witness was instructed to do so by his employer.
Independent evidence corroborates the false testimony.
An attorney has no greater obligation to report knowledge of criminal activity by a non-client than any other person. There is sufficient opportunity for the attorney to present his impeaching evidence within the civil proceeding. The attorney should not disclose nor threaten criminal prosecution of the witness during the pendency of the civil matter. However, the same rationale applies in this factual setting. The information may be provided to the State's Attorney upon conclusion of the civil matter.