Reporting Lawyer false courtroom statements

[gollum]

What is the name of your state (only U.S. law)? Georgia.
Last week in a georgia court room 2 different lawyers made false statements to a judge.
1. The first lawyer opened with the statement "He has a long criminal history in Florida"
2. The second lawyer said "Mr Gollum admitted making these statements to me"

Both were flat out lies lawyer one's lie is blatant as I do not have a criminal history in Florida much less anywhere
Lawyer 2s lie leaves alot to be debated as it is a he said, he said..
In speaking with my brother who practices law out in nevada he said i could write a "grievance" to the state bar about these issues?
I am curious if my brother is in fact correct and what a grievance would ultimately accomplish?
any help would be useful as I proceed. Georgia

 

[tranquility]

Your attorney objects when the attorney makes the remark.

A grievance by an opposing party saying the attorney lied in court will go nowhere. It certainly will have no effect on this case.

If there was no objection, be sure to make it if the attorney tries to use the information in a brief or otherwise in court.

 

[gollum]

sure

LOL no effect...
I filed it anyways and the lawyer will have to answer to it. He will be put on notice.

 

[tranquility]

LOL yourself. Actually, I suspect he will not be called to "answer" a non-client who is an opponent in a case who said he lied.

 

[ecmst12]

Don't attornies have a lot of lattitude over what they're allowed to say in opening and closing statements?

 

[Mass_Shyster]

A grievance by an opposing party saying the attorney lied in court will go nowhere.

This appears to be a violation of the Georgia Rules of Professional Conduct. What am I missing?

RULE 3.3 CANDOR TOWARD THE TRIBUNAL

(a) A lawyer shall not knowingly:

(1) make a false statement of material fact or law to a tribunal;

 

[Zigner]

This appears to be a violation of the Georgia Rules of Professional Conduct. What am I missing?

I dunno...if he was arrested, he has a criminal history. "Long" is subjective.

And, even the OP acknowledges the second statement is also up for debate.

That's why it's not going to go anywhere.

 

[Mass_Shyster]

I dunno...if he was arrested, he has a criminal history. "Long" is subjective.

He was arrested in Georgia. The lawyer asserted he had a long criminal record in Florida, where OP claims he has NO criminal record.

Sounds like a false statement of material fact to me. Of course, OP could be lying about the Florida criminal record, but that would be pretty easy to verify either way.

 

[Zigner]

He was arrested in Georgia. The lawyer asserted he had a long criminal record in Florida, where OP claims he has NO criminal record.

Sounds like a false statement of material fact to me. Of course, OP could be lying about the Florida criminal record, but that would be pretty easy to verify either way.

You are correct re the states.

But, how is it a material fact? (Not saying it isn't...just asking how you know it is)

 

[Mass_Shyster]

But, how is it a material fact? (Not saying it isn't...just asking how you know it is)

I don't know if it's material to the case if chief. The "material fact" wording comes from the rule. The official comments go on to say "an assertion purporting to be on the lawyer's own knowledge, as in an affidavit by the lawyer or in a statement in open court, may properly be made only when the lawyer knows the assertion is true or believes it to be true on the basis of a reasonably diligent inquiry."

 

[tranquility]

Let's wait to see what happens. I bet, nothing. Any takers?

But, for the alleged false statements (emphasis mine):

Comment

[1] The advocate's task is to present the client's case with persuasive force. Performance of that duty while maintaining confidences of the client is qualified by the advocate's duty of candor to the tribunal. However, an advocate does not vouch for the evidence submitted in a cause; the tribunal is responsible for assessing its probative value.

Representations by a Lawyer

[2] An advocate is responsible for pleadings and other documents prepared for litigation, but is usually not required to have personal knowledge of matters asserted therein, for litigation documents ordinarily present assertions by the client, or by someone on the client's behalf, and not assertions by the lawyer. Compare Rule 3.1: Meritorious Claims and Contentions. However, an assertion purporting to be on the lawyer's own knowledge, as in an affidavit by the lawyer or in a statement in open court, may properly be made only when the lawyer knows the assertion is true or believes it to be true on the basis of a reasonably diligent inquiry. There are circumstances where failure to make a disclosure is the equivalent of an affirmative misrepresentation. Whether disclosure is necessary shall be considered in light of all of the relevant circumstances. The obligation prescribed in Rule 1.2(d): Scope of Representation not to counsel a client to commit or assist the client in committing a fraud applies in litigation. Regarding compliance with Rule 1.2(d): Scope of Representation, see the Comment to that Rule. See also the Comment to Rule 8.4(b): Misconduct.

 

[gollum]

great debate

interesting facts folks.

The litigation does not involve criminal matters and no criminal record exsist anywhere. i would not have reported the lawyer if there was a criminal record.

Now I am left wondering however if the ol addage "you push hard, they push harder back" comes into play?
I am confused however what issues are for appeals court and what are for current grievances?
It appears as if some of the judges in this matter have not followed the protocol that the laws set forth because they (the judges) were unfamilar with the specific laws cited and so they did what they thought they could do.
Grievable or appealable or both.? I believe the statue of limitations on grievances is quite long.

 

[tranquility]

Now I am left wondering however if the ol addage "you push hard, they push harder back" comes into play?

Don't worry about it. The attorney(s) are already zealously representing their client. They won't go "harder" in any event. Over this?

I am confused however what issues are for appeals court and what are for current grievances?

Appeals? You made a timely objection?

It appears as if some of the judges in this matter have not followed the protocol that the laws set forth because they (the judges) were unfamilar with the specific laws cited and so they did what they thought they could do.
Grievable or appealable or both.? I believe the statue of limitations on grievances is quite long.

The crazyness goes on. Now, the opponent's attorneys are lying and the judges are against him.

I have no doubt the Georgia Bar PD is going to stop everything and handle this.

 

[gollum]

Don't worry about it. The attorney(s) are already zealously representing their client. They won't go "harder" in any event. Over this?
Appeals? You made a timely objection?
The case is not over yet, that was my question, in the meantime do I file another grievance to get more record of it?


The crazyness goes on. Now, the opponent's attorneys are lying and the judges are against him.

I have no doubt the Georgia Bar PD is going to stop everything and handle this.

I wouldnt do this if the errors were not on record. I pray for the right outcome.