Legal Question in Legal Malpractice in California
The attorney had falsified the declaration of the Plaintiff to appear to be genuine and he altered to appear as it is authorized, signed and created by Plaintiff who actual didn't authorize, sign and created it.
Attorney after he falsified the Plaintiff declaration, he has filled it with the court, knowingly that declaration is false, for a lawsuit for 25,5 Millions, by using a false declaration.
Without falsification of Plaintiff declaration, this lawsuit couldn't be filed.
We have notified the Court many times, we told directly to the Judge. The Judge just ignored it, refusing to give any answer allowing the fraud on the court, even trying to cover up.
We have certification that the declaration is false, from of the best 3 forensic documents experts.
Please advise me what to do. I contacted many attorneys. They don't want to go against an other attorney.
2 Answers from Attorneys
Sorry, but your story just doesn't hold up. Attorneys love nothing better than to take down an opposing attorney, especially if the opposing attorney is engaged in misconduct.
Furthermore, if the plaintiff's declaration is falsified, it is the plaintiff's right to contest it, not yours. Likewise, an attorney cannot commit malpractice against another party, only his or her client. If you are not the client, the attorney has no duty to you and therefore cannot breach that duty, which is what malpractice means.
I generally agree with Mr. McCormack. Your remedy if the declaration was falsified is to prove that to the satisfaction of the judge or jury in the trial. If the judge or jury is not convinced then you lose on that issue.,
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