FRAUD UPON THE COURT?

[WNTEQLTY]

WOULD IT BE CONSIDERED A FRAUD UPON THE COURT IF A LAWYER LIES TO THE JUDGE WHEN ASKED IF HE[SAID LAWYER] KNEW IF i WAS BEING REPRESENTED.. i WAS IN FRONT OF THE JUDGE, MY NEWLY HIRED LAWYER WAS RUNNING LATE IN ANOTHER COURT HOUSE[AND HAD NOT YET FILED AN APPEARANCE DUE TO HE SELDOM GET TO THAT AREA AND WAS GOING TOO SO WHN HE GOT THERE] AND I WAS ASKING FOR A CONTINUANCE. THE JUDGE SPECIFICALY ASKED THIS ATTORNEY IF HE KNEW BECAUSE IF I WAS[BEING REPRESENTED] HE WAS GOING GRANT THE ONTINUANCE.. THIS LAWYER SAID HE DID NOTKNOW AND THAT I WAS ASKING FOR THIS TO DELAY THINGS. IRONICALLY I FOUND OUT THAT HE EXCHANGE MANY DOCUMENTS WITH MY NEW ATORNEY AS WELL AS SENDING HIM A COPY OF A PROPOSED DIVORCE AGREEMENT.. ALL THIS PRIOR TO THE COURT DATE...

[able1]

You could show all of that to the judge and ask for the judge to sanction the lawyer.

Originally Posted by able1 You could show all of that to the judge and ask for the judge to sanction the lawyer.

If an attorney submits false affidavits from his client, would you consider this as a fraud upon the court?

Originally Posted by WNTEQLTY WOULD IT BE CONSIDERED A FRAUD UPON THE COURT IF A LAWYER LIES TO THE JUDGE WHEN ASKED IF HE[SAID LAWYER] KNEW IF i WAS BEING REPRESENTED.. i WAS IN FRONT OF THE JUDGE, MY NEWLY HIRED LAWYER WAS RUNNING LATE IN ANOTHER COURT HOUSE[AND HAD NOT YET FILED AN APPEARANCE DUE TO HE SELDOM GET TO THAT AREA AND WAS GOING TOO SO WHN HE GOT THERE] AND I WAS ASKING FOR A CONTINUANCE. THE JUDGE SPECIFICALY ASKED THIS ATTORNEY IF HE KNEW BECAUSE IF I WAS[BEING REPRESENTED] HE WAS GOING GRANT THE ONTINUANCE.. THIS LAWYER SAID HE DID NOTKNOW AND THAT I WAS ASKING FOR THIS TO DELAY THINGS. IRONICALLY I FOUND OUT THAT HE EXCHANGE MANY DOCUMENTS WITH MY NEW ATORNEY AS WELL AS SENDING HIM A COPY OF A PROPOSED DIVORCE AGREEMENT.. ALL THIS PRIOR TO THE COURT DATE...

That is not 'fraud upon the court' because the intentional lie (to deceive the court) is not about a material fact.

Originally Posted by Unregistered If an attorney submits false affidavits from his client, would you consider this as a fraud upon the court?

Fraud upon the court is intentional deceit by officer of the court, directed at the court (not fraud between the parties) and the court IS deceived (and shows it by entering a judgment or order).

The key is did the attorney know the affidavits contained false information?

If so, this sounds like it fits --- and the attorney has also violated Rules of Professional Conduct and should be reported to the State Bar and should be disbarred.

If the attorney did not know, this he/she is possibly in violation of Fed. R. Civ. P. 11, which directs attorneys to make reasonable inquiries before filing papers -- and to not file for an improper purpose.

He/she could be sanctioned becuase of Rule 11.