Taxing Matters
Overtaxed Member
That may be the case. But looking like an idiot is not something that draws sanctions.So they confused the evidence by bascially saying they misinterpreted its meaning years later so so they made themselves look like idiots.
You have no way of knowing why the firm withdrew and really it is of no consequence to you what the reason was for it. So I suggest you not waste your time wondering over it. It could be something as simple a dispute over billing, or that the law firm discovered that its representation of some other client put in conflict with the client it had in your case. Whatever it is, though, is a matter between that firm and the client.But that is not a reason to withdraw, or atleast I wouldn't think so.
Hiding what evidence and how was it hidden? In civil litigation in federal court the duty of the opposing side to affirmatively disclose evidence is pretty limited. Outside that limited duty, you don't get evidence from the other side unless you ask for it in discovery. Now if you ask for it and the opposing law firm knows it exists but fails to give it to you, that's a problem that might draw sanctions.But I did tell them about the existence of evidence and accused them of hiding it and told them they had a duty not just to their client but to their profession.
Then you have the evidence already, so what more is there for them to do? In order to seek contempt you must show the court that the opposing side is in violation of an order of the court. What order of the court did the opposing side violate? As for sanctions, you have to show that the opposing party committed some wrong that is serious enough to warrant sanctions. The number of things that draw sanctions are fairly limited. Note that delay is a classic tactic used by one side or another in a legal proceeding, and they can do that for as long as the court is willing to let them them do it. It is not by itself wrong. Sure, plaintiffs would generally like to get to trial sooner and defendants later. That's just part of the process, frustrating as that may be for you.The evidence pretty much proves defendant committed fraud and that if they didn't know, they should have known and if they know and are delaying the case, which I think they are, then that was unethical. Then I told them I would be filing the sanctions and contempt unless something happened.
Understand that fraud generally is knowingly making a false statement to induce another party to act to his/her detriment, usually parting with money or property. Be careful about tossing around the word fraud when it does not apply; judges tend to dislike that.