Court this week

[weenor]

The Judge would have to establish the relavance as to the question,which appears not to exist,therefor any answer that the attorney gave to the Judge whether it was true,or false,is privilaged information.
Better yet,it would easily be made moot

That doesn't make sense.

To you perhaps. But to the rest us!!!...oh yeah, your right it doesn't make sense.

 

[Noelle_71]

To you perhaps. But to the rest us!!!...oh yeah, your right it doesn't make sense.

*snicker* I don't get how, in a court room, during a hearing to disqualify an attorney, the info was privileged. I guess we were supposed to cover our ears and go "nnneeeennenenene"

 

[fairisfair]

The Judge would have to establish the relavance as to the question,which appears not to exist,therefor any answer that the attorney gave to the Judge whether it was true,or false,is privilaged information.
Better yet,it would easily be made moot

That doesn't make sense.

You are right! too bad dbd can't be easily made moot, oh wait, that's mute.

 

[Ohiogal]

Thanks for the answer to the actual situation. I really do think that if this attorney had been truthful with the judge, the judge would have removed them from the case and this situation would have been a done deal a year ago. The attorney egged on my ex, based on the fact that they wanted to impress the family.
An attorney cannot allow perjury you said..there is perjury all OVER the discovery and the original affidavit (filing). Yes I can prove it. Does that count or is discovery not something that can be included as testimony? Perjurible (if that is a word) and what about the social study that the court has? If he lied in it and I can prove it, is that perjury?


Perjury is not dependent on you proving he lied.It is dependent on HIM contradicting himself. If he lied in discovery and then contradicts himself in court then it is a felony. You proving by other than his words that he lied is not perjury. It is a fine line and difficult. But discovery counts and can be included as testimony.

Not addressed to you Ohiogal.., I appreciate the advice, but to the other person..
I don't need to hear that an attorney can represent anyone. I KNOW that. My inquiry was about attorney's lying, attorneys so involved in a case that they are risking their license to lie for their client as a result of those family ties. I suppose all I need to do is have the court reporters transcript pulled and have it read from, then have my attorney challenge the other.
Thanks for the advice.

Edited to add questions.

Good luck Noelle.

 

[Noelle_71]

Good luck Noelle.

WOW! Whew, thanks *signing* HeEEEEeee's in Trrrrroooouuuubbblee..
Karma baby, Karma.

 

[GrowUp!]

WOW! Whew, thanks *signing* HeEEEEeee's in Trrrrroooouuuubbblee..
Karma baby, Karma.

One thing I noticed you said was this:

I know that my ex has lied in the discovery. He lied in the social study and he lied during his previous testimony in court. He admitted to the judge that he had given incorrect information and the judge let it slide.

Note the bolded. It's possible (not saying it's the case) that him admitting he had given "incorrect information" might have saved his behind slightly. Good luck...I know what you're goin' through.

 

[mom6stepmom2]

One has their lawyer address it by petitioning the court regarding legal fees.

Have not read all responses so this may have already been addressed by someone else. Anyway, I had an attorney when my ex and I went to court last year. My ex was pro se. He filed the court papers with a financial affidavit and a copy of his last tax return. The tax return of course did not reflect his gross annual income. In his affidavit he used income levels from our divorce decree. We had been divorced for 5 years. Nothing added up. My attorney formally requested all income information from my ex. He refused to turn it over. My attorney ended up having to subpoena records from his employer.

The judge awarded my attorney fees to be paid by my ex. All the added expense I had simply because my ex lied then refused to turn over information. My attorney brought it all up to the judge and the judge said he would have to pay.

 

[Noelle_71]

One thing I noticed you said was this:

Note the bolded. It's possible (not saying it's the case) that him admitting he had given "incorrect information" might have saved his behind slightly. Good luck...I know what you're goin' through.

Thanks everyone. It means something to get a bit of support. I will let you know what happens.

 

[Noelle_71]

I WON!
Wow did I win!!! I got attorney fees, his attorney was sanctioned to the tune of $2700 (I don't understand all of the legal reasons why, but it seemed to be regarding falsification of affidavits) and he got the standard visitaion, minus the normal weekday. I'm so relieved. I feel like the weight of the world is off my shoulders.
Thanks for all the good advice everyone. Truth told, justice prevailed and the judge recognized the untruths and posturing in this.

 

[Ohiogal]

I WON!
Wow did I win!!! I got attorney fees, his attorney was sanctioned to the tune of $2700 (I don't understand all of the legal reasons why, but it seemed to be regarding falsification of affidavits) and he got the standard visitaion, minus the normal weekday. I'm so relieved. I feel like the weight of the world is off my shoulders.
Thanks for all the good advice everyone. Truth told, justice prevailed and the judge recognized the untruths and posturing in this.

Congrats Noelle! I am very happy to hear that.