Legal Question in Business Law in California
I am the plaintiff in case that was lost at the trial court level primarily on allegations by the defense that the action was filed after the statute of limitations had run. The defense submitted false information regarding statutes for an Oregon LLC, which caused me unncessary anguish, as I've now discovered the attorney was in error, deliberate or not. I have little expertise in the law, yet vert easily found information that would have put to rest the statute of limitations issue and probably led to a judgment in my favor. The case is now in appeal.
Can I sue the attorney who misinformed the court? Furthermore, I wonder if this is accepted protocol for a judge to have the defense attorney research legal issues.....
2 Answers from Attorneys
Your question really isn't clear. Are you saying that there are "statutes for an Oregon LLC" which somehow affect whether the statute of limitations had expired on you in a California case? I suppose that's possible, but it doesn't seem very likely.
You almost certainly cannot sue the opposing party's lawyer. He has no duty to you, and thus can't breach such a duty. What's more, statements he made to the court -- whether verbally or in writing -- would be covered by the litigation privilege and thus could not subject him to most forms of civil liability. If he intentionally misled the court he may be subject to discipline by the State Bar, but that does not mean you could sue him.
I'm not sure why you think the judge asked defense counsel to research any legal issues. The statute of limitations is something defense counsel would normally look at with no prompting from the judge. What's more, your lawyer should have had an opportunity to research the issue after opposing counsel had raised it; if the limitations period really hadn't expired, he should have been able to so explain to the court.
Feel free to contact me directly if you want to discuss your case further. I am certified as a specialist in appellate practice by the State Bar of California's Board of Legal Specialization and have more than 15 years of appellate experience.
I assume the case is in California, and that you were representing yourself in the matter.
I doubt that a suit against the opposing attorney would be successful; there is a so-called litigation privilege (Civil Code section 47) that tends to exempt statements made in the course of litigation from suit, and further I doubt that opposing counsel owe you any duty that would result in an actionable breach of contract or tort. More likely, you have a valid complaint for disciplinary action by the State Bar if you can substantiate attorney misconduct.
As to the judge asking a party's attorney to research an issue, I'd say it is more common for the judge to ask both sides to brief their views on unusual legal issues that the judge doesn't have familiarity with. Nevertheless, judges can and do ask attorneys on one side or the other to research legal questions. Oftentimes, the request goes something like this: "OK, Mr. X, I'm going to rule against your client on the statute of limitations issue, unless you can get back to me by Friday with some case law that changes my mind." If the judge goes too far and lets one side do all his research and thinking, however, especially without seeking timely input from the other parties on the issue, that's error.
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