I'm in California, and during an issue on child custody the opposing attorney told the court that I was under investigation by the local law enforcement for statutory rape of my step-daughter. I was not (and never have been) under investigation for statutory rape, and I do not have a step-daughter (at one point there was a girl whom my wife and I had guardianship over, so this isn't truly the issue...but step-daughter makes it sound so much worse than "ward").
It can be proven that the attorney knew that this was not the charge that I was being investigated for and the investigating officer has stated that he is willing to testify that he informed the opposing counsel of the charges being investigated. The attorney's statement led me to lose custody of my daughter for seven months.
So, we have what I believe to be slander, a violation of Rule 5-200 (b) which states that “…a member (s)hall not seek to mislead the judge, judicial officer, or jury by an artifice or false statement of fact or law;” and a harm that comes from it. Is this something that should be reported to the California Bar Association (with transcripts, of course). If the Bar finds that he did violate Rule 5-200(b), what is my recourse after that?
Thanks for your time. This attorney seems to be the "win at all costs" type which gives the rest a bad name.
It can be proven that the attorney knew that this was not the charge that I was being investigated for and the investigating officer has stated that he is willing to testify that he informed the opposing counsel of the charges being investigated. The attorney's statement led me to lose custody of my daughter for seven months.
So, we have what I believe to be slander, a violation of Rule 5-200 (b) which states that “…a member (s)hall not seek to mislead the judge, judicial officer, or jury by an artifice or false statement of fact or law;” and a harm that comes from it. Is this something that should be reported to the California Bar Association (with transcripts, of course). If the Bar finds that he did violate Rule 5-200(b), what is my recourse after that?
Thanks for your time. This attorney seems to be the "win at all costs" type which gives the rest a bad name.