Legal Question in Business Law in California

I went to trial as the plaintiff in an unlimited civil case filed by my late husband in 1999, and I had assumed his claims. Iwas pressured into a bench trial when my attorney became ill and almost a year passed post-trial before we were back in court for a decision. I was taken aback when the judge put the onus on the defense attorney to inform her about statute of limitations law for dissolution of an LLC in Oregon. The information he gave her led to a decision for the defense, as the filing of the lawsuit was alleged to be time-barred. I disagreed and wound up in pro per due to lack of funds to hire counsel. On the day before my Opening Brief was due in the Court of Appeal recently, I found Business and Professions Code law that refuted what the defense attorney told the judge. If the information he gave the judge had been accurate, it isn't a stretch to say I would have prevailed. In light of this information, I found out that his actions over the years qualify as violating CA Rules of Professional Conduct, Business and Professions Code and very likely the CA Penal Code Section 127. Can I sue this attorney, not only for misleading the trial court judge, but for the extreme distress my family and I, and my late husband, have been caused for many years?


Asked on 10/10/09, 9:14 pm

2 Answers from Attorneys

No. Opposing counsel's statements in court are absolutely privileged. If he lied to the judge, it is up to the judge to report him to the State Bar.

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Answered on 10/10/09, 9:18 pm
Robert F. Cohen Law Office of Robert F. Cohen

That's what appeals are for -- to show the Court of Appeal that the judge's decision was clearly erroneous, as a matter of law. I hope you argued that in your opening brief.

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Answered on 10/10/09, 10:57 pm


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