Legal Question in Legal Malpractice in California

Question on Fraud and possible Perjury by Attorney

I filed a fee arbitration dispute against my attorney. He made several false statements under penalty of law in his reply. e.g.I stated that he fraudulently kept advising me verb. and in writing that my attorney fees were recoverable. After few months he retracted and informed me that attorney fees were not recoverable by statute in a breach of contract case. He was aware of this from the beginning, but deliberately provided false advice in order to induce me to go to trial after willfully failing to act on opportunities to end the dispute. I provided evidence in the form of emails where the statements were explicitly made. The attorney, in his reply, brazenly denied that he EVER provided me any such advice, and that on the contrary ALWAYS advised me that attorney fees were not recoverable.

1) Given that the statement is made under penalty of law, is false and material to my complaint, does this (and other similar statements) constitute perjury?

2) Also, if he knowingly withheld advice that my case was a Summary Judgment matter is this a fraudulent omission? I have documented evidence that he had known this several months earlier, but was not in his interest to advise until thing began getting out of control


Asked on 1/02/08, 10:52 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Question on Fraud and possible Perjury by Attorney

Despite the volume of your statement, I really cannot get a clear picture of the problem.

I realize you are very bitter, and angry, but try to send me the facts in simple chronological order and tell me what the facts are without injecting your feelings.

Your statement is so loaded with venom against the attorney, that I really cannot get a handle on the facts.

Either resubmit to Law Guru, or e-mail my office with the above.

Thanks. I think that will help both of us.

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Answered on 1/03/08, 6:32 pm


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