“You can’t hide your lyin’ eyes/ And your smile is thin disguise/I thought by now you’d realize/ There ain’t no way to hide your lyin’ eyes.” — Don Henley/Glenn Frey 1975.
He is being deposed, your client, and he is asked “Did you come to a full and complete stop before you entered the intersection? “Yes,” he answers, “Aye, si-si, da, oui, yes, I stopped. Absolutely.” You are mildly — no make that wildly — surprised at the answer, since your client had previously admitted to you during preparation that he never saw the stop sign or the car he plowed into because he was busy looking for the cellphone he had just dropped; you took pains to tell him that the facts were not good, and he is likely to have to write a big settlement check. So he apparently decided on his own to gussy the facts up a bit. Your client is a big fat liar. But you know that only as a result of a privileged communication. What can, what should, you do? Can you hide his lyin’ ayes?
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