like i'm being sued and i can prove the opposing attorney has perjured themselves in their written motion to the court. i mean, their own email in their own exhibit contradicts what they are saying in their motion to the court. i can prove she is knowingly not telling the truth and she has stated this lie "under penalty of perjury".
2007-11-04 11:06:27 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Your question is a bit vague, but here's my stab at it (as a practicing trial attorney).
The attorney has probably not "perjured" themselves, as an attorney is not a witness testifying undera oath/affirmation.
The attorney may have told a lie, but as the lie was in their motion, it was not evidentiary testimony, thus not used to determine facts of the matter being litigated.
If the attorney did lie in her motion, than that would be committing a fraud upon the court and can result in sanctions by the court (contempt) or by the state bar licensing the attorney (reprimand, censure, suspension or disbarment)
The first question is (1) did they lie (2) how "big" a lie was it? If the lie is material to the outcome of the litigation...than that lie will result in greater sanctions than if the lie was immaterial. So the next question is (3) did the lie affect the outcome of the matter being litigated?
By your facts, you shouldn't have to prove the lie because you claim the lie can be proven through that attorney's own exhibits contradicting what they are saying. So, it would seem that the court would be cognizant of this lie, or your attorney could have pointed it out to the court. WHy did your attorney and the judge both miss this?
I deal with lawyers who misrepresent the facts all the time, and they continue to practice law because most misreprsentations are incidental and have no large effect on the ultimate issue before the court and/or not intentional and/or subject to interpretation.
If you believe there is an outright lie and facts can be used to establish it, point it out to your attorney so they can litigate it before the court or bring the matter to the other attorney and ask the to retract their earlier statement before the court. If it is not addressed now, the matter may end up being waived, because your attorney waived the matter by not objecting.
2007-11-04 17:14:41 · answer #1 · answered by ironjag 5 · 0⤊ 0⤋
If it can be proved that a lawyer perjured himself, he loses his license to practice law --- in the UK and I suspect in most western countries, he is barred from practice law ever again. And if a result of his lie/s someone went to prison, he faces a heavy sentence.
2007-11-04 11:10:19 · answer #2 · answered by RED-CHROME 6 · 0⤊ 0⤋
If you indeed do have proof that will stand up in court, then you have a right to address the court, present your documents of proof & the lawyer will lose their license & go to prison because it is a felonly to lie under oath in a court of law. Before I did anything, I would consult another lawyer, if you can't afford one, look under Legal Assistance in the phone book. Make copies of your documentation, do not give the originals to anyone until you are in court in front of a judge with your lawyer!
2007-11-04 11:17:48 · answer #3 · answered by geegee 6 · 0⤊ 1⤋
Perjury is once you lie under oath, as in courtroom, and so on. mendacity to a police officer is an entire different charge via itself. it particularly is termed Making fake Statements to a Police Officer and it may get you in many complication.
2016-12-08 12:08:35 · answer #4 · answered by ? 4 · 0⤊ 0⤋
That depends on whether the judge who hears it cares or not.
2007-11-04 11:43:02 · answer #5 · answered by Pascha 7 · 0⤊ 1⤋
trhey can go to jail or lose their right to practice law
2007-11-04 11:09:12 · answer #6 · answered by jaws65 5 · 1⤊ 0⤋