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Posted: 5/21/2019 5:02:45 PM EDT
A buddy of mine is a party in a lawsuit.  Someone agreed to pay him, then reneged.  It happens in business occasionally.  I worked with both of them, and I have a bit of first-hand knowledge of their communications when this work was ongoing.

I couldn't attend the hearing, so I sent a short affidavit for my buddy.  Pretty dry stuff.  I said my buddy was an honest guy, and provided a few details I knew to be facts in this case.  
For example, said "on xx date, I heard Mr Smith agreed to pay Mr. Jones $xxx for yyy."

I received a transcript of the hearing.  
- The defendant's lawyer told the judge all sort of stuff in an attempt to discredit me and my affidavit.  He rambled a bit and told the judge something like "LurchAddams' affidavit is outrageous  in his affidavit he said my client was a homosexual"  Of course there's nothing like that in my affidavit, this lawsuit, or any of my conversations with these guys.  
- Of course the lawyer lied about his client owing the money too.  But I expected that - his client probably lied to him.

Frankly, I'm pissed off that the lawyer lied to the judge about the content of my affidavit.  
Any recommendations regarding what can I do about it?  I'm thinking about sending a letter to the judge, the bar, or my buddy's attorney...
Link Posted: 5/21/2019 5:12:13 PM EDT
[#1]
He lied about you in a deliberate attempt to destroy your reputation, in front of a court reporter?

Buy the transcript, verify that what you describe really happened, sue the douchebag for slander, and send a press release to all the local news outlets.
Link Posted: 5/21/2019 5:42:47 PM EDT
[#2]
Like magic........that

FPNI thing strikes again.
Link Posted: 5/21/2019 5:51:22 PM EDT
[#3]
FPNI, and once proven, the state bar would likely want to have a word with counsel.
Link Posted: 5/21/2019 6:06:03 PM EDT
[#4]
I know nothing about law but if the other posters are right you can really hammer this dude.
Link Posted: 5/21/2019 6:09:23 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
He lied about you in a deliberate attempt to destroy your reputation, in front of a court reporter?

Buy the transcript, verify that what you describe really happened, sue the douchebag for slander, and send a press release to all the local news outlets.
View Quote
I don't think he actually damaged my reputation outside of this trial.  
It'll probably be buried in an affidavit and the transcript.  But if you look at those two documents, he "quoted" facts to the judge that are not in my affidavit.
Link Posted: 5/21/2019 6:13:54 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
He lied about you in a deliberate attempt to destroy your reputation, in front of a court reporter?

Buy the transcript, verify that what you describe really happened, sue the douchebag for slander, and send a press release to all the local news outlets.
View Quote
Four hundred years of common law says this won't work.

I cited the case of Brooke v Sir Henry Montague from James II in a brief I wrote nearly 40 years ago.  I think it was 1606 (the decision, not the brief).  Still good law in most places, including mine.
Link Posted: 5/21/2019 7:57:57 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
He lied about you in a deliberate attempt to destroy your reputation, in front of a court reporter?

Buy the transcript, verify that what you describe really happened, sue the douchebag for slander, and send a press release to all the local news outlets.
View Quote
Nope.

To be successful, OP would have to prove that the attorney made a defamatory statement to at least one other person and that the plaintiff suffered damages as a result. Damages generally are loss of job, loss of customers, etc.

The type of harm or damages incurred by OP is extremely unlikely to rise to the level of slander.  The judge fully understands that the attorney was trying to discredit OP's testimony.  It happens all the time.  It's also very unlikely that the attorney's statements had an affect on the judge's decision in the case.

Often attorneys repeat in court what their client has told them, so the attorney probably had no idea whether the statement is true or not.
Link Posted: 5/21/2019 8:05:51 PM EDT
[#8]
I have personally witnessed government attorneys to lie, not just exaggerate, skid around, etc, outright lie.
Link Posted: 5/21/2019 8:17:31 PM EDT
[#9]
Sorry, but these kinds of lawyers BS all the time and get by. Don't ask me how I know.
Link Posted: 5/21/2019 8:26:17 PM EDT
[#10]
Quoted:
- The defendant's lawyer told the judge all sort of stuff in an attempt to discredit me and my affidavit.  He rambled a bit and told the judge something like "LurchAddams' affidavit is outrageous  in his affidavit he said my client was a homosexual"  Of course there's nothing like that in my affidavit, this lawsuit, or any of my conversations with these guys.
View Quote
So is the Judge incapable of reading the affidavit and deciding for himself if you called the client a homosexual?
Link Posted: 5/21/2019 8:26:33 PM EDT
[#11]
Of course they do
Link Posted: 5/21/2019 8:39:25 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I have personally witnessed government attorneys to lie, not just exaggerate, skid around, etc, outright lie.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I have personally witnessed government attorneys to lie, not just exaggerate, skid around, etc, outright lie.
Yep. First time I witnessed it, he was lying about me, and I was pissed. Opposing counsel was like 'they do that all the time, ignore it, it doesn't mean anything'.

Quoted:

Often attorneys repeat in court what their client has told them, so the attorney probably had no idea whether the statement is true or not.
Which would apply to a lot of things, but not to the content of an affidavit.

Quoted:

So is the Judge incapable of reading the affidavit and deciding for himself if you called the client a homosexual?
Ain't no judge got no time fo dat.
You think he wants to work for a living or something?
Link Posted: 5/25/2019 12:19:42 PM EDT
[#13]
Link Posted: 6/13/2019 11:28:16 AM EDT
[#14]
You can always send a complaint to the state bar.  Lying to a judge will most certainly get you a hand smack at a minimum, possibly a suspension of its really egregious.  You have the aff and the transcript so the hard part is already done.  Just highlight what was said in court that contradicts the affidavit.
Link Posted: 7/8/2019 7:05:39 AM EDT
[#15]
most states' rules of professional ethics for lawyers state that lawyers are not allowed to lie to a tribunal or court.

Good luck enforcing it.
Link Posted: 8/6/2019 9:00:07 PM EDT
[#16]
And, your feiend's lawyer can report it to the judge in the case of it is still pending in his court. Sanctions can be ordered by the court if there is still jurisdiction over the case. And, you can bet the judge will remember that lawyer in the future.
Link Posted: 8/19/2019 3:20:21 PM EDT
[#17]
Lawyers are "Officers of the Court", so no.

As officers of the court lawyers have an absolute ethical duty to tell judges the truth, including avoiding dishonesty or evasion about reasons the attorney or his/her client is not appearing, the location of documents and other matters related to conduct of the courts.
View Quote
That said - dirty lawyers take many liberties that aren't redressed.
Link Posted: 8/19/2019 4:17:20 PM EDT
[#18]
Only if it's the FISA Court.  You say lie as much as you want there.

You can't sue successfully in my state.
Link Posted: 9/7/2019 5:42:32 PM EDT
[#19]
Quoted:
A buddy of mine is a party in a lawsuit.  Someone agreed to pay him, then reneged.  It happens in business occasionally.  I worked with both of them, and I have a bit of first-hand knowledge of their communications when this work was ongoing.

I couldn't attend the hearing, so I sent a short affidavit for my buddy.  Pretty dry stuff.  I said my buddy was an honest guy, and provided a few details I knew to be facts in this case.  
For example, said "on xx date, I heard Mr Smith agreed to pay Mr. Jones $xxx for yyy."

I received a transcript of the hearing.  
- The defendant's lawyer told the judge all sort of stuff in an attempt to discredit me and my affidavit.  He rambled a bit and told the judge something like "LurchAddams' affidavit is outrageous  in his affidavit he said my client was a homosexual"  Of course there's nothing like that in my affidavit, this lawsuit, or any of my conversations with these guys.  
- Of course the lawyer lied about his client owing the money too.  But I expected that - his client probably lied to him.

Frankly, I'm pissed off that the lawyer lied to the judge about the content of my affidavit.  
Any recommendations regarding what can I do about it?  I'm thinking about sending a letter to the judge, the bar, or my buddy's attorney...  
View Quote
Late to the party here and not a lawyer.

if the court transcript is public information, *becomes* public, or defamatory claim was witnessed and conveyed, I would think his characterization of you as a homophobe in today’s sjw/ultra-pc climate would have a monetary impact on your future earnings potential. Any contract/job you don’t land could potentially be a result of this defamation. Potential employers on LinkedIn could be passing around a blacklist with your name on it and HR departments could have you flagged in their systems as a “do not hire, this person is a liability”.  I think at the very least this should result in a note in his “permanent record” or perhaps make the lawyer take out a full page ad in a local paper saying he’s a slime ball liar and you are an upstanding citizen.  By this point though I’m sure this is water under the bridge and you’re no longer going for blood.
Link Posted: 9/16/2019 1:12:14 PM EDT
[#20]
I think you're looking at this all wrong.

Some lies are very obvious and others are more nuanced. Nuanced lies are easily explained away as a matter of interpretation. You say, "That guy's kind of funny," and the lawyer interprets that as you saying that the guy is "funny" meaning "gay." We have an adversarial court system and each side is allowed to interpret material facts and evidence in the manner most favorable to their client. As such, the court doesn't usually care to gauge matters of sincerity. The burden is too high and it's a distraction for the court.

But you know who does care (to one extent or another)? The State Bar. Anyone can file a grievance against a lawyer for any reason. The State Bar will, at a minimum, inform the lawyer that they are investigating them and ask the lawyer for a response. Most lawyers are so terrified of their license being in jeopardy that they will hire a lawyer who specializes in grievances to represent them. Typically, even if everything goes well, this costs about $10,000.

So, under no circumstances would I encourage you to file a grievance just to annoy the lawyer. But if he legitimately acted in bad faith and was dishonest, he has likely committed an ethics violation. The State Bar has an obligation to at least investigate the matter, and the lawyers who run the Bar Association are not the Johnny Cochrans of the world, they're the Ken Starrs of the world, meaning, they're old school, they regard the practice of law as sacred, and they enjoy making lawyers squirm. They see themselves as the thin, pin-striped line that stands between the honorable practice of law and the ambulance chasers of the world. They don't have a sense of humor about these kinds of things.

Before you do anything, however, I think you need to be really honest with yourself. Is what the lawyer did explained away under the umbrella of "zealous advocacy"? If so, you probably should let it go. But if he legitimately lied in such a way that is not open to interpretation, then you may want to consider filing a grievance.

Further, all the above talk about suing him for defamation strikes me as misstating the law.

Lastly, beware the "Streisand Effect." If the lawyer said that you rape infants in court, as awful as that is, no one is likely to every find out about it. But if you make a big stink about it, suddenly it's front-page news.
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