In court if a lawyer makes statements of purgery on behalf of his client, can both be prosecuted for purgery?

My ex wife obviously lied to her attorney and in their written response to the court stated that my ex had not recieved any of my spousal support payments. They then testified the same in court and were alleging that I was not paying her and in fact not following the court order to do so. I later provided the court copies of 3 checks that she had cashed.

Obviously, the Ex committed purgery and can be held responsible. I am wondering that since the purgery was also in the written response from the attorneys office can he too be held responsible. He lied several times throughout the case but this time I can prove it 100%.

I sent his office a letter demanding my payment from his client and made reference to their purgery...I just recieved his response notifying me that he no longer represents her! What can I do? Asked by Gregandkarem 37 months ago Similar questions: court lawyer makes statements purgery behalf client prosecuted Lifestyle > Relationships.

Similar questions: court lawyer makes statements purgery behalf client prosecuted.

Not necessarily You have to prove that the lawyer knew (not suspected, might have known, etc. ) the statement was incorrect and was not just part of a zealous representation of the client. What I think probably happened was: Ex told Lawyer that she had not received spousal support payments from you. Lawyer believed client and represented her thusly.

You showed that she had recieved the payments. Once Lawyer discovered Ex was lying, he withdrew from representing her as a form of protest/in order to not support purgery. If the lawyer was not actually aware that his client was lying at the time the statements were made, you have no recourse against him.

As it is, it is up to the prosecutor's office to determine whether or not a purjury case is worth their while. I would recommend working to ensure that the fact that Ex was lying is made part of the court record and can be used in further proceedings against Ex. Going against the lawyer is probably a complete waste of time for you.

If this is something that you still want to pursue, speak with your own attorney about it and contact your state's Bar Association to see if they have any guidelines concerning this.

First, you ought to calm down, which is easier said that done. Okay, first thinks first. The word, spelled correctly, is "perjury."

If you are going to write letters to people, it will help you if you spell it properly. You are angry. Angry people make poor decisions because their emotions overrule their mind.

Calm down and sleep on it for a few days. Talk to a friend, a clergy person, a doctor, a counselor, a bar tender. Pour out your tale of woe.

Once your anger has lessened, that will be the time to consider what to do. You need to remember that your ex isn't the first person to lie in a lawsuit, particularly a divorce case. Lawyers refer to divorce courts as "perjury palaces" for good reason.

While you are quite justifiably shocked by her dishonesty, anyone who has been around the legal system professionally, won't be. So don't expect the system to share your outrage. It just isn't going to happen.As far as she is concerned, you can try and get the district attorney to prosecute her.

It won’t be easy because prosecutors have more than enough business to handle. They prefer crimes of violence over non-violent crimes. Perjury is not a popular type of case, because normally its a case of one party’s word over another’s word.

Since your case has documentation to back it up, you might get lucky and get the district attorney to look at it. Don’t hold your breath, but it might happen.As far as her ex-lawyer is concerned, forget it. First of all, what a lawyer says in court is not testimony, since lawyers aren’t under oath and giving testimony.

What a lawyer says in court is regarded as argumentation, not testimony. Also, lawyers only know what their clients tell them. So, if he relied on your former spouse’s untruths, he is off the hook.

You can contact the bar officials about filing an ethics complaint, but you’d be wasting your time under the circumstances. Every person who has ever gone through a divorce case develops a deep and abiding hatred for the other side’s lawyer. Since the lawyer was her lawyer, his or her ethical duties were to his client and the court system, not towards you.

File if you want to do so, but don’t expect anything to happen against the lawyer for the reason stated above.It sounds like he or she got of the case when presented with evidence of the client’s misconduct, which is what the ethical rules of the profession require. You’ll be a lot better off and let it go and move on with your life. Divorce is a nasty business.

The sooner you put it behind you and move on, the better you’ll be. Divorce breeds anger. If you go after the lawyer, you’ll have two enemies in the place of one.

You’d be well advised to let it go. Sources: life as a lawyer Snow_Leopard's Recommendations A Modern Legal Ethics: Adversary Advocacy in a Democratic Age Amazon List Price: $29.95 Used from: $17.00 Legal Ethics (University Casebook Series) Amazon List Price: $134.00 Used from: $29.95 Average Customer Rating: 5.0 out of 5 (based on 1 reviews) Legal Ethics Amazon List Price: $79.95 Used from: $60.00 Ethics for the Legal Professional (6th Edition) Amazon List Price: $89.80 Used from: $55.00 Average Customer Rating: 4.0 out of 5 (based on 1 reviews) Legal Ethics in a Nutshell (Nutshell Series) (Nutshell Series) Amazon List Price: $29.958 Used from: $9.959 Average Customer Rating: 4.5 out of 5 (based on 2 reviews) Modern Legal Ethics (Hornbook Series Student Edition) Amazon List Price: $75.00 Used from: $13.35 Gilbert Law Summaries: Legal Ethics (Gilbert Law Summaries) Amazon List Price: $29.95 Used from: $18.25 .

1 The lawyer is not a source of information. No case.

The lawyer is not a source of information. No case.

2 You won't get anything from the attorney. If you want your money for fees and costs, you'll have to bring a case against her. I feel your pain.

We went through the same thing with my husband's ex wife. She even got the IRS and the state involved. She had cashed her checks and we had that proof.

We're still trying to recoup the several thousand dollars incurred in legal expenses and get our credit cleared up.

You won't get anything from the attorney. If you want your money for fees and costs, you'll have to bring a case against her. I feel your pain.

We went through the same thing with my husband's ex wife. She even got the IRS and the state involved. She had cashed her checks and we had that proof.

We're still trying to recoup the several thousand dollars incurred in legal expenses and get our credit cleared up.

3 If a lawyer knowingly makes false statements in court, he is guilty of perjury. It is difficult to prove usually because the lawyer can say that he was basing the argument on facts presented to him by the client. This is why a lawyer will seldom ask his client straight out if he is guilty, if the response is yes, then unless there is a plea agreement, the lawyer has the charges reduced, or there is a guilty plea, the lawyer is supposed to resign from the case, (but does not have to state the reason) so that he doesn't get involved in perjury by claiming innocence for his client.In your ex's lawyers case, you have no proof that the lawyer knew about the checks or that he knew his client was lying.

Therefore there is no case against him. He was being misinformed and assuming he was being told the truth.

If a lawyer knowingly makes false statements in court, he is guilty of perjury. It is difficult to prove usually because the lawyer can say that he was basing the argument on facts presented to him by the client. This is why a lawyer will seldom ask his client straight out if he is guilty, if the response is yes, then unless there is a plea agreement, the lawyer has the charges reduced, or there is a guilty plea, the lawyer is supposed to resign from the case, (but does not have to state the reason) so that he doesn't get involved in perjury by claiming innocence for his client.In your ex's lawyers case, you have no proof that the lawyer knew about the checks or that he knew his client was lying.

Therefore there is no case against him. He was being misinformed and assuming he was being told the truth.

I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.