• The prosecutor in Tony Smulder's case has produced an audio and video file which directly contradicts Tony's testimony related to field sobriety test, and contains a video of his drinking heavily at a bar before he drove. We are concerned that Tony will proceed to trial and perjure himself on the stand. The memorandum detailing our legal and ethical obligations related to withdrawing and the perjury. At a minimum you should discuss the following:
• Will we be permitted to withdraw from representing Tony due to the concern over perjury?
• Is there an obligation to notify the court of the potential for perjury?