Legal Question in Legal Ethics in Virginia
Plaintiff Lied in Complaint
Plaintiff, a law firm, sued me for defamation. Virginia defamation law requires direct quotes. Plaintiff used a privileged communication by me to an administrative body, taking what I had written, paraphrased the words to change the meaning and used quotations indicating it was an exact statement. Then signed the complaint as true. Isn't there a penalty for blatantly lying in a complaint? Isn't this misusing the legal process and a form of harassment and/or intimidation? Or abuse of knowledge and power? Isn't this a form of malicious prosecution?
1 Answer from Attorneys
Re: Plaintiff Lied in Complaint
More information would likely be required to answer this question, particularly with regard to the alleged paraphrasing, but if the matter has yet to come to trial, one or more of the objections which you've raised might well constitute a defense to the charge of defamation.
However, if the matter has already come to trial and a verdict rendered by the court, then your remedy is to appeal the decision on one or more of the above or other applicable grounds(if there be such).
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