Why aren’t lawyers required to be sworn under oath in a court of law?
Why aren’t lawyers required to be sworn under oath in a court of law?
Because the lawyers aren’t testifying. The only people who are sworn to tell the truth are witnesses who give testimony in court, not the lawyers presenting and arguing the case.
A lawyer is himself/herself still obligated to be truthful in his/her capacity of presenting and arguing the case in court, but lawyers are not sworn as witnesses in court unless they are themselves testifying.
There are times when a lawyer can and will testify in a case in which he/she represents a client or clients, such as when he/she is testifying as to the amount of and basis for his/her fees that the client may be seeking to be awarded to the client in the case or to establish that he/she performed some act pertaining to the case, but lawyers are not sworn as witnesses simply in their capacities as lawyers.
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