Legal Question in Legal Ethics in California

How serious is the alteration of the evidence in a civil trial in terms of actionability as opposed to morality? Specifically, the defendant appealed and in the records submitted to an appeals court the evidence used in the trial was changed, i.e., one crucial page was deleted. Fortunately, I won the appeal so there was no damages. What can I do against the appellate attorney?


Asked on 12/13/11, 4:40 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

1) No harm, no foul, no damages, no lawsuit; and 2) your attorney could have filed a motion to augment the record on appeal -- which might have caused embarrassment or worse to the opposimg attorney!

Read more
Answered on 12/13/11, 4:55 am
Anthony Roach Law Office of Anthony A. Roach

Submitting false documents to a tribunal is a serious matter.

On appeal, there are several different methods for creating a record for the appellate court. In the first, and most common way, the appellant designates a record, and the court clerk prepares a "clerk's transcript" which consists of photocopies of the documents in the court file to be prepared in a booklet. I am assuming that this did not happen, since you mention that the appellant's attorney submitted a false document.

In the second method, an appendix is prepared by the appellant or appellant's attorney. This is supposed to consist of documents that were filed with the court. Additionally, an appellant can file a motion requesting judicial notice of documents or can file other types of motions that attach documents to them.

It is not clear from your post what method or what documents were submitted to the appellate court that you claim to be false. If the attorney truly submitted a document to the appellate court that was false or manufactured, I strongly suggest that you file a complaint with the State Bar, along with documentary evidence of the document's falsity.

Read more
Answered on 12/13/11, 6:47 am


Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in California