Practice question
Counsel interviews a witness who says she did not see the delivery in dispute. Counsel inserts an answer claiming personal observation and instructs the witness to repeat it, then signs an attestation of faithful recording and no coaching. Counsel argues that the oath makes the statement legally reliable. Which assessment follows sections 3–4 of the Judicial Affidavit Rule?
- The jurat automatically cures fabricated answers
- Counsel's attestation may knowingly contradict the actual interview
- The draft fails to present the witness's actual knowledge truthfully, and the false attestation can expose counsel to disciplinary action
- The witness loses all power to correct counsel's inventions
- Coaching is required whenever it helps a client
Legal references
- https://lawphil.net/courts/supreme/am/am_12-8-8-sc_2012.html — A.M. No. 12-8-8-SC, Judicial Affidavit Rule, sections 3–4, 6–7, 10.
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