Legal Question in Personal Injury in Colorado
How can you file civil suit over someone's perjury in a criminal trial?
Here's the situation: Someone falsely accused another of something to cover their own egregious behavior. There were no witnesses other than the parties involved. At trial, the accuser clearly and provably lied (said the other party did something that is TRULY physically impossible). Defense attorney did not understand how this was impossible and so didn't call them on the lie; as he didn�t understand the math and would have embarrassed himself, and called no expert due to not. The person accused lost. Given this situation, how do you try this in civil court? In seperate actions, the liar claims absolute immunity in civil court; and the attorney claims he actually was fully and adequately prepared; yet has admitted to the losing party that he didn't understand why it was impossible, just that he agreed that it was.
Here's the questions: How can you go after someone in civil court for the consequences of their perjury in criminal court; committed to avoid their own responsibility? What is the immunity situation?
The attorney is being sued for malpractice, and it can ABSOLUTELY be proven that he didn't understand and that it was critical to have known.
FYI, both can be absolutely proven.
1 Answer from Attorneys
Re: How can you file civil suit over someone's perjury in a criminal trial?
You cannot sue civilly for perjured courtroom testimony. There are criminal remedies for false reporting, and as you've already discovered, a lawyer may be sued for malpractice.