Legal Question in Business Law in Texas

Re: Lying Attorney

If the attorney lied in court, that's called perjury. If you have evidence that the attorney lied, you will need a copy of the transcript of his testimony in court and prove that he lied. Your opinion or knowledge is not proof.

Re: Lying Attorney

Not enough information has been given regarding the "lie." Ordinarily an attorney would not be testifying as a witness, and would not be subject to the penalties of perjury. It would be a rare case indeed when the opposing party did not think that the attorney is lying.

HOWEVER, an attorney has an ethical obligation to be candid with the court and should not advance frivoulous causes or defenses. There is not to say that he must refrain from being a zealous advocate for his client. Zealous advocacy still has its limits. When an attorney crosses the line, the court should sanction him by appropriate remedies which might be a fine, incarceration, or even initiate proceedings for disbarment or punishment by the bar.

I might mention that what is said in court is privileged from actions for defamation -- meaning that statements made in court cannot constitute defamation, even if false. Sometimes, when an attorney has crossed the line, there may be an action based upon malicious prosectuion.