You are a defense attorney, defending a man against a charge of burglary. He tells you that he was drunk on the night in question and doesn’t remember what he did. He requests to be put on the stand, and he responds to your questions by stating he was home watching television. He describes the show in detail. You are aware that you cannot participate in perjury, but if you call attention to his inconsistent stories this would violate rules, such as confidentiality and zealous defense.
- What do you do?
- Would you think that at this time, trying to offer a plea bargain would alleviate the dilemma? Explain.