Legal Question in Family Law in California

If you sue an attorney for malpractice and they don't have insurance can you go after them personalty. Say if you caught them red handed committing perjury, was my original question.

First off I'd like to thank Mr. McCormick & Mr. Roach for their response. Yes gentlemen the lawyer is not my attorney. But I have caught her quite clearly committing perjury in a family law case. So I guess this is a civil matter then ?


Asked on 5/23/11, 11:26 am

2 Answers from Attorneys

I cannot think of a way that an attorney could commit serious perjury in a case they are handling. Attorneys don't testify, except to mundane matters like authenticating their own billing records or other documents from their files, and similar procedural details. I guess that could be perjured, but it is rarely of serious relevance to the case. Presenting false evidence in court on behalf of a client is not perjury, though knowingly doing so can subject a lawyer to fines and penalties up to disbarment. It is up to the judge in whose court the false evidence was presented to press any charges, however. The other party has no rights in the matter except perhaps to recover the portion of their attorneys fees directly incurred in rooting out the false testimony. That would have to be a motion for award of attorneys fees as sanctions in the case in which the false testimony or evidence was presented. And of course if you are pro per, then you have no attorneys fees. Other than that, all statements made and evidence presented in court is completely privileged, meaning you can never sue over it.

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Answered on 5/23/11, 12:14 pm
Anthony Roach Law Office of Anthony A. Roach

I would agree with Mr. McCormick. Since the individual is not your attorney, you would not have standing to bring a legal malpractice action. You could request that the District Attorney file charges, but those are rarely acted upon. If it is serious, I do suggest, however, that you file a complaint with the California State Bar. They have a form online at their website for doing so.

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Answered on 5/23/11, 1:40 pm


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