• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Attorney/Client Conmen team

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Tostopacrook

Junior Member
What is the name of your state? California


I'm looking for opinions on holding a attorney accountable for his lies in open court to defend a case of fraud against his client. I mean obvious lies not just his take or opinion of an issue. I've read a lot into california's "litigation privilage" and "anti-slapp" cases relating to free speech and public forums. You also hear all the time about attorney's being professional liars and being immune from prosecution for what they say in court.
However, I've also researched California's B and P codes 6068(d) and Rule 5-200 of the Rules of Professional Conduct. It actually suprised me to read that California's laws are actually written expecting attorneys to be ethical and mislead the court from the facts.

So, my question is whether or not given the proof of course. If I can hold an attorney responsible for damages he causes by the lies he tells in open court to defend the fraud defences against his client.
My case is by no means alone. It is but one of many cases against this conman with this same attorney.

Thanks in AdvanceWhat is the name of your state?
 


las365

Senior Member
I think your question is too general. If you bring a lawsuit against someone, you are required to provide admissible evidence that proves your allegations (by a preponderance of the evidence in civil court) in order to prevail. If there was a ruling contrary to the evidence, you can appeal.

Argument of counsel is not evidence and there is a lot of leeway in argument. If you are alleging that the attorney presented evidence to the Court that he knew was false, that is a different matter. If you have admissible evidence that the attorney is a conspirator in a fraud, you can certainly sue the attorney and have a chance of winning.

The idea that all or most attorneys are "professional liars" is wrong and is offensive to me personally (and I am not a lawyer, but have worked in the legal field for many years and know that most lawyers are ethical).
 

Tostopacrook

Junior Member
Clarification on original post

First, to all that I offended by giving the "impression" that "I" think "all" attorneys are unethical. I appologize, I do not think that. Although there are some unethical people in the business, just like any. It gives the profession a bad name.
As a matter of fact if it were not for the ethics of a few attorneys I know. The fraud against my family would have suceeded.

I also need to insert the word "NOT" into the following sentence in my original post.

"To be ethical and "NOT" mislead the court from the facts"

To clarify my question. This attorney is mistaking facts and telling lies to influance the courts ruling and has done so successfully numerous times. Although this may not be evidence in a trial it sure is what the courts use to make their rulings that determine if there is even going to be a trial and under what terms.
This fraud could not and would not have occured nor continued, without this attorney misrepresenting the facts to the courts. Is this type of behavoir something that I can hold him accountable for?
The bottom line is it is very difficult to win against an opponent that does not fight fair, and I'd like to do something about that .

Thanks In advance
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top