Legal Question in Real Estate Law in California
Pro se now - Opposing Attorney Misquoting Previous Attorney to judge
I was represented by an attorney in a case. I am now pro se because of finances. The opposing attorney has misrepresented to the judge,
(with no corresponding documentation, and said that my attorney said certain things, that are actually contrary to what my attorney DID say). This regards some critical issues. (It is all characterized in emails and letters between the two, of which I have copies). He makes my previous attorney look like a liar to the judge. This is a judge my previous attorney will appear before in future cases.
What is the proper course of action?
1 Answer from Attorneys
Re: Pro se now - Opposing Attorney Misquoting Previous Attorney to judge
My first thought is that you should inform your former attorney, since his personal interests seem to be affected.
If your own case is affected, it's more difficult to advise you without specific knowledge of the forum in which the untruths are being told and their long-run impact on the case. In the past, when opposing attorneys have misrepresented what happened in prvious court sessions, I have solved the problem by obtaining reporter's transcripts and using the truth to expose the lie next time around.
In any courtroom situation, such as a hearing on a motion or demurrer, or a case management conference, you should almost always register your disagreement with opposing counsel on the record.
Don't write letters to the judge.
Also, don't underestimate the judge's ability to detect lies and inaccurate renditions of the truth. That's what they're paid to do.
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