Are statements made by lawyers defamatory?

[nikkismom]

Hi everyone. I need some advice. I live in Illinois. Following is a much-shortened version of my current situation.

In August 2004, my husband was brought back to court by his ex-wife, who is attempting to get more money out of my husband for child support. My husband's ex-wife has retained an attorney who, according to our attorney, is one of the most unethical attorneys in the greater Chicagoland area.

Our problem is this...my husband has provided many discovery documents, including tax returns, paystubs, retirement plan information, etc. His ex-wife's attorney has made many statements within her petitions and responses that are outright false. The thing is, she has the discovery documents that prove that her statements are false and outright lies. This has not stopped her from lying in her statements, and my husband is forced with the burden of proving again and again that her statements are false.

For example, her attorney has stated in one filing that her client is entitled to 28% of my husband's net income because there are two minor children (incorrect, at the time of the writing of that statement, my stepson was 19, my stepdaughter was 16 - the age of emancipation in Illinois is 18). She had copies of my husband's employment records because she subpoenaed them, but insisted that my husband commenced his new job one month later than he actually started, then used that false information to figure out his annual salary, which was grossly inflated due to her incorrect statement starting out. All of this information she already has in her possession, yet she continues to make false and inaccurate statements in every filing that she brings forward. She has also made incorrect gross income statements based on my husband's gross income resulting from joint tax returns.

Is this behavior defamatory? My husband is very concerned that his ex-wife's attorney's lies and false statements are going to influence the judge when this matter goes to trial. We have concrete evidence to prove everything she says to the contrary, but what recourse do we have? We have spent many sleepless nights worrying about this.

Please help and thanks for listening!!

 

[rmet4nzkx]

Your attorney will defend you against these misrepresentations.

 

[badapple40]

Attorney statements in court filings are absolutely privileged. However, as rmet indicated, your attorney should be able to handle this. Don't the local courts have rules against frivolous filings? If so, your attorney can file a motion for sanctions for the other sides actions.

 

[rmet4nzkx]

Attorney statements in court filings are absolutely privileged. However, as rmet indicated, your attorney should be able to handle this. Don't the local courts have rules against frivolous filings? If so, your attorney can file a motion for sanctions for the other sides actions.

I refrained from commenting that day one in law school concerns how to price a case and day two, all the "outrageous" names you can fling around in court that you can't otherwise.

Perhaps we should start a thread on attorney's top ten favorite derrogotory names used in legal forums.

 

[nikkismom]

I'm a little confused. I didn't say that the attorney was using derrogatory names. I stated that she is lying about basic facts that can be proven false by my husband.

 

[rmet4nzkx]

I'm a little confused. I didn't say that the attorney was using derrogatory names. I stated that she is lying about basic facts that can be proven false by my husband.

Defamatory as in your headline for your question means using derrogotory names or references as to character, not lies and/or misrepresentations of facts, both aspects of the question were addressed in the responses.

As we said, these are issues that your attorney will handle as appropriate. It's a part of why it is called an adversarial system. If there is reason for contempt or other motions, that is what the attorney is paid to manage, don't take it personally. There was no need to start another thread.