The specific inquiry directed to the Committee postulated that the perjurious testimony was given by the attorney's human client in civil non-jury trial. The inquirer asks us further to assume that withdrawal from representation would also result in an adverse decision. Our consideration and opinion are limited by the foregoing facts. And, in accordance with Committee policy, we do not address any issue regarding the attorney's civil or criminal liability. And while there may be criminal implications involving moral turpitude for an attorney in this situation, it is not within our charter to consider them.
Perjury is a felony.
The perjurer's lack of knowledge of materiality is no defense to the crime. This is a portentous assumption. Technically, one cannot be pronounced guilty of the crime of perjury unless one has been found guilty following a criminal proceeding. Even then, the pronouncement is merely hearsay opinion, except upon a guilty plea. Materiality may not become apparent until the close of all testimony.