When President Clinton was still President and he was getting into some trouble about having lied in a deposition regarding alleged sex harassment, a former client called me. He was upset. He said Pres. Clinton is getting into so much trouble for lying in his deposition, but so-and-so manager lied in his deposition and did not get into any trouble. Former client’s case had been race discrimination, but I understood his point. If the President supervisor gets into trouble, why didn’t former client’s supervisor get into trouble for lying in former client’s case?
I had to explain to that managers and supervisors lie or stretch the truth in most depositions. They never admit to discriminatory acts or statements. And, prosecutors are too busy with more important crimes than to pursue perjury in civil cases (ie, non-criminal cases).
You see what happens when the Houston district attorney’s office "coaches" a witness. Witness "coaching" often walks a fine line between outright lying and simple education regarding what a witness can do or not do. These attorneys got caught. This all stems from a sex harassment case against the former Harris County District Attorney, Ibarra v. Harris County.
Most defense attorneys do not even come close to getting caught. Most defense attorneys are very honorable, responsible officers of the court. But, a few are not (not unlike a few plaintiff attorneys). This is a fact of litigation. There is no "ah-ha" moment when a racist manager admits to his/her mis-deeds. Not in real life…..