disqualifying opposing counsel?

[matt1164]

What is the name of your state (only U.S. law)? NY

hi,

I am in family court and opposing counsel recently testified against me by submitting a sworn affidavit for my previous attorney with whom I am in a fee dispute hearing.

Opposing counsel wrote a sworn statement against me which was used in the fee dispute hearing. I filed a grievance against him yesterday because he falsified information in the affidavit. is this considered perjury?

also, I am just wondering if i can get opposing attorney off my family court case?

 

[Ohiogal]

What is the name of your state (only U.S. law)? NY

hi,

I am in family court and opposing counsel recently testified against me by submitting a sworn affidavit for my previous attorney with whom I am in a fee dispute hearing.

Opposing counsel wrote a sworn statement against me which was used in the fee dispute hearing. I filed a grievance against him yesterday because he falsified information in the affidavit. is this considered perjury?

also, I am just wondering if i can get opposing attorney off my family court case?

What do you mean he falsified information in the affidavit? What was in the affidavit that he falsified?

 

[You Are Guilty]

What is the name of your state (only U.S. law)? NY

hi,

I am in family court and opposing counsel recently testified against me by submitting a sworn affidavit for my previous attorney with whom I am in a fee dispute hearing.

Opposing counsel wrote a sworn statement against me which was used in the fee dispute hearing. I filed a grievance against him yesterday because he falsified information in the affidavit. is this considered perjury?

also, I am just wondering if i can get opposing attorney off my family court case?

More details are needed.

Is opposing counsel private or an 18-B?

What, precisely did they submit in the fee case? A letter? Affirmation? Affidavit?

What part of that document was falsified? What evidence do you have to support your contention?

Who did you file the grievance with?

 

[matt1164]

What do you mean he falsified information in the affidavit? What was in the affidavit that he falsified?

hi, he is the attorney for my daughter's mom in a family court proceeding. in the affidavit he says that at a past court date he gave me medication for my daughter which I refused to accept. this is untrue, i accepted the medication and I have a witness who was present to corroborate my story.

the affidavit was used against me by the attorney with whom I am in a fee dispute with.

 

[matt1164]

More details are needed.

Is opposing counsel private or an 18-B?

What, precisely did they submit in the fee case? A letter? Affirmation? Affidavit?

What part of that document was falsified? What evidence do you have to support your contention?

Who did you file the grievance with?

I think he is a private attorney.

he submitted an affidavit in which he stated that I declined to take medication he tried to give for my daughter at family court proceeding.

this is untrue I took the medication and gave it to my father to hold as I going back into the courtroom in front of the judge.

My father is my witness. I might try and get the court transcripts from that date because If I remember correctly this attorney puts on the record that I accepted the meds from him.

I filed with the grievance committee which covers the county the lawyer's office is

 

[You Are Guilty]

I suppose the grievance might be an annoyance for him for a while, but its unlikely it will result in any action being taken. Similarly, I don't see any viable grounds for arguing he be removed from the case.

Unfortunately, Family Court is not a friendly place for litigants or attorneys.

 

[matt1164]

I suppose the grievance might be an annoyance for him for a while, but its unlikely it will result in any action being taken. Similarly, I don't see any viable grounds for arguing he be removed from the case.

Unfortunately, Family Court is not a friendly place for litigants or attorneys.

ty, I appreciate you taking the time to answer. my lawyer thinks I can have a shot to get opposing counsel off because he is a witness against me in another matter. probably won't do much but he is going to make an attempt.

 

[You Are Guilty]

Here's the rule on "lawyer-as-witness". Judge for yourself.

Lawyers as Witnesses

A. A lawyer shall not act, or accept employment that contemplates the lawyer's acting, as an advocate on issues of fact before any tribunal if the lawyer knows or it is obvious that the lawyer ought to be called as a witness on a significant issue on behalf of the client, except that the lawyer may act as an advocate and also testify:

1. If the testimony will relate solely to an uncontested issue.

2. If the testimony will relate solely to a matter of formality and there is no reason to believe that substantial evidence will be offered in opposition to the testimony.

3. If the testimony will relate solely to the nature and value of legal services rendered in the case by the lawyer or the lawyer's firm to the client.

4. As to any matter, if disqualification as an advocate would work a substantial hardship on the client because of the distinctive value of the lawyer as counsel in the particular case.

B. Neither a lawyer nor the lawyer's firm shall accept employment in contemplated or pending litigation if the lawyer knows or it is obvious that the lawyer or another lawyer in the lawyer's firm may be called as a witness on a significant issue other than on behalf of the client, and it is apparent that the testimony would or might be prejudicial to the client.

C. If, after undertaking employment in contemplated or pending litigation, a lawyer learns or it is obvious that the lawyer ought to be called as a witness on a significant issue on behalf of the client, the lawyer shall not serve as an advocate on issues of fact before the tribunal, except that the lawyer may continue as an advocate on issues of fact and may testify in the circumstances enumerated in DR 5-102 [1200.21] (B)(1) through (4).

D. If, after undertaking employment in contemplated or pending litigation, a lawyer learns or it is obvious that the lawyer or a lawyer in his or her firm may be called as a witness on a significant issue other than on behalf of the client, the lawyer may continue the representation until it is apparent that the testimony is or may be prejudicial to the client at which point the lawyer and the firm must withdraw from acting as an advocate before the tribunal.

 

[matt1164]

i actually have more evidence. i have a taped conversation with my daughter's mom, who is the opposing counsel's client and she remembers her attorney giving me the medication that day in court and even remembers how many pills and which meds they were. my daughter is sickly and takes numerous meds a day.

the grievance committee said I can transcribe the tape and submit it to them.

 

[You Are Guilty]

I'm not saying he didn't lie, I just don't think that even if you prove it, it's going to make much of a difference to anything. But good luck anyway. Let us know how it ends up.