Is it a criminal matter or ethical misgiving...?

Question

..,for an attorney to not acknowledge a court document in which he filed pertaining to his client's work history, wherein a motion was filed,on 4/15/03 (IN LIMINE) to exclude evidence of his client's past act's (suspended for a physical altercation in 1988).. declared to the court in 2006 that his client; " in his 20 years as a bus driver has not had an altercation with anyone but me. However, I found and cited the document to the court for Judicial Notice, which the court did take notice of...Now, is he in a bind, or what ?
Shouldn't this help my case, in that the defense is not being truthful ?...

Isn't this perjury on his part, which would be a criminal matter ?
Incidentally, in our previous legal clash I was declared the prevailing party and awarded a sum of money and battery judgement against his client. His company footed the bill of whom this lawyer is a 25yr. corporate attorney...
He has connections to supplant or corrupt..
Get back if you hear me.
Tell me what it is.

Answer 1

Perjury is a known false statement. It isn't perjury if the information was true to the best of his knowledge. It also isn't perjury if it wasn't said while specifically under oath or in a sworn document.

However, if he knowing lied to the court, whether technically perjury or not, this is a violation of his ethical duty of candor to the courts, and he is subject to disciplinary proceedings which could lead to disbarment.

The key is "knowingly" lied. Your tale is a bit convoluted and difficult to follow, so it's hard to understand what he might have known about.

It's also a matter of terminology. Which most people hate about the legal profession. What is "an altercation". Is a drunk driving charge an altercation? Is hitting a tree? Is side-swipping a parked car? By the literal definition of the word (Noisy quarrel) they're not. So, the lawyer might have been splitting a fine line, or might have been speaking based only on his personal knowledge.

And finally, if the motion in limine excluded certain evidence, then he's not required to reference those events in his statements. Let's say he's been in 10 brawls a month until last year. But the judge rules that those are unrelated, irrelevant, prejudicial and grants the motion to exclude. The lawyer can completely honestly say "The evidence will show my client has a peaceful history". Because that is what the admissible evidence will show.

That's the thing about law. There are lots of complex rules and subtle issues. And that's why many people say that lawyers are lying when they are actually not. They are dancing on the literal knife edge of the truth, and the rest is all spin and inference.

Answer 2

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RE :Is it a criminal matter or ethical misgiving...?
..,for an attorney to not acknowledge a court document in which he filed pertaining to his client's work history, wherein a motion was filed,on 4/15/03 (IN LIMINE) to exclude evidence of his client's past act's (suspended for a physical altercation in 1988).. declared to the court in 2006 that his client; " in his 20 years as a bus driver has not had an altercation with anyone but me. However, I found and cited the document to the court for Judicial Notice, which the court did take notice of...Now, is he in a bind, or what ?
Shouldn't this help my case, in that the defense is not being truthful ?...

Isn't this perjury on his part, which would be a criminal matter ?
Incidentally, in our previous legal clash I was declared the prevailing party and awarded a sum of money and battery judgement against his client. His company footed the bill of whom this lawyer is a 25yr. corporate attorney...
He has connections to supplant or corrupt..
Get back if you hear me.
Tell me what it is.
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