Mark Hinderks of Stinson, LLP. Courtesy photo

Dear Ethics Lawyer

This column, written by Mark Hinderks, of Stinson LLP, focuses on ethics questions. The discussion here is based on the ABA Model Rules of Professional Conduct, but the Model Rules are often adopted in different and amended versions, and interpreted in different ways in various places. Always check the rules and authorities applicable in your relevant jurisdiction—the result may be completely different.

Question: I'm sending this question by urgent email during the overnight break in a deposition of a client that we started this morning but did not finish. I'm defending the deposition. Before we recessed, my client was asked a question we had anticipated and discussed in the preparation session. But unexpectedly, the client gave an answer opposite to what he said the answer was before. I don't know which version is true, but he either lied or changed his answer.

My thought is that I may be obligated to call the court with my opponent and tell the court that I have to withdraw (so I don't participate in a lie), but that I can't say why. Is that the right approach? If not, what is?