Legal Question in Personal Injury in California
Attorney slander in judges chambers
If an attorney lies to a judge and makes things up about you in judges� chambers, is he liable for those damaging statements? Also, can I sue for the use of slander? The continues statement the attorney made was �he spends more money on golfing, gambling, drinking, and dancing girls than he does on spousal support.� The statements are entirely false. That lie and others along with numerous innuendos were made at least seven different times over the last eighteen months that I know of. They are all for the specific purpose of demonizing me to the judge/judges in this case.
2 Answers from Attorneys
Re: Attorney slander in judges chambers
Generally speaking, the litigation privilege applies to statements and comments made in court during the course of litigation. See Cal Civ. Code �47.
Re: Attorney slander in judges chambers
If the lawyer makes these statements in the course of litigation (and I can't imagine why else he would be in your judge's chambers talking about you) then the statements are absolutely privileged and you cannot win a defamation lawsuit against him.
If what he says is false, your remedy is to have your own attorney respond by explaining what the facts really are. If you don't have a lawyer then you should do this yourself.
You can report this lawyer to the bar if he is just making these things up. If he knows his statements are false then he is acting unprofessionally and the bar may discipline him for it. That is essentially all you can do.
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