the judge made his decision and write his original order than he ask the attorney to prepare the order regarding child support.After the prepared order was received the other party noticed that the attorney added a manufactured statements (made up by him )against the other party knowing it is false.However, this false statement by the attorney wasn't addressed by the judge in the original it was not an issue in court.I would assume that this is illegal this document the attorney changed is a legal document.The bad part is the judge rubber stamped the prepared order without his review.Now is this a criminal act by the attorney we know already he failed the ethics and disrespect the court.
Can he be sued for falsying a legal document ?
Hope somebody can answer.
2006-08-19 17:05:19 · 12 answers · asked by jcax62 2 in Politics & Government ➔ Law & Ethics
An attorney cannot change a court order.
However, an attorney can propose changes to the court order, which if accepted by the judge become part of that order.
That sounds like what the attorney did, and the judge didn't reject the proposed change. If the opposing side objected to the change, they should have informed the judge.
If the opposing side doesn't like the results, then their attorney should bring a motion before the court to correct the order.
That's part of the procedural games that happen during a civil trial.
2006-08-19 17:10:15 · answer #1 · answered by coragryph 7 · 1⤊ 0⤋
The appeals court just made a finding in my case that the father's attorney prepared an erroneous FOAH (finding orders after hearing), he prepared the FOAH, did not submit to my attorney, changed the entire child custody order and it did not match the minute order or the transcript. This happened in 2007 and I just discovered recently, so "no" they can not change an order. If you can prove it was suppose to match and it does not then it could become an erroneous order.
2014-08-02 16:10:14 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Absolutely, I don't know how things work where you live at, but I had a very similar problem with my child custody case, I wrote a letter to the judge disscussing this attorney had done and asked him if there was anything that I could do about it, the judge that I had took action himself, and the attorney was reprimanded threw the court, (had to pay some fines and stuff) The paperwork was corrected.
2006-08-19 17:14:17 · answer #3 · answered by Tammy C 3 · 0⤊ 0⤋
Only those orders which are made on the record (recorded by a clerk of the court) or in writing are valid. If you believe that the opposing attorney has altered an order, you should contact the presiding judge, and file a complaint with your local bar association.
2006-08-19 17:12:28 · answer #4 · answered by J C 2 · 1⤊ 0⤋
Get a copy of the court's recording and compare it to the finale order and the one the attorney changed and the judge rubber stamped(probably sec). Hand it to the judge. The att. will probably be in trouble without you having to pay for a lawyer to go after him! Best wishes.
2006-08-19 17:12:51 · answer #5 · answered by Anonymous · 1⤊ 0⤋
It is not a crime; but it is unethical. In all courts I know of, the attorney preparing the order must read or fax a copy to his opposing counsel for approval of the form before submitting it to the court for signature. It is your attorney's obligation to correct anything improper or erroneous before it is submitted. If a judge does sign an order containing an error; the proper remedy is for the opposing lawyer to file a motion to re-hear or correct an error (local procedures vary).
2006-08-19 18:00:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Depends on the judge. If the judge sticks by his authorization, you have no case. If you can get the judge to admit that the addition was not his intent, you have a case. However, it sounds like the judge made a mistake -- he should have carefully read what he was authorizing. He may not want to admit to such an action. Either way, your next step is to have an attorney bring it to his attention to see what his reaction will be.
2006-08-19 17:15:01 · answer #7 · answered by Unknown User 3 · 0⤊ 0⤋
certain, the decide can do this. Bail is protection so as that the alleged defendant will flow to court docket and by no ability flee. If the decide by no ability signed an order lowering the bail then it truly is not set in stone. If something new comes up, then the decide has to ingredient in those issues. also, a sufferer has the right to face their accuser and featuring objecting to the defendant's bail help.
2016-11-05 05:06:25 · answer #8 · answered by Anonymous · 0⤊ 0⤋
no he can not do that, if you have a copy of the original order by the judge you have a case, but if you do not then you have a problem. and sure you can sue his A**.
2006-08-19 17:14:24 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Bring this before the judge ASAP.
2006-08-19 17:13:09 · answer #10 · answered by Robert F 7 · 0⤊ 0⤋