Legal Question in Personal Injury in North Carolina

Can you say a lawyer lied without getting fined even if you proved it

Can pro se say or write about the defendant lawyer lies or prove it. I brought a motion to compel against the defendants, their insurance co. and their lawyer for lies on legal documents, discovery documents, mediation and in the courtroom and proved all the lies. I won the motion, but was fined $500 for saying the lawyers lied. The Plaintiff telling the truth had to pay the liars. It pays to lie. First amendment right is taken away. What law was broken telling the truth.


Asked on 12/07/04, 12:41 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Can you say a lawyer lied without getting fined even if you proved it

It is essentially the "common law" of the State of North Carolina that prohibits a person from calling a person a "liar" in Court. Right or wrong, that is the rule in this state. That rule, however, may be worth challenging in an appropriate case; and if you still have the ability to appeal from the ruling, you may consider doing so. Apparently even if the statement is true, calling a person a liar in Court in N.C. is a "no-no." I tend to doubt that the First Amendment is implicated, as our rules of evidence preclude many statements from being made in Court, which is not a general forum for expressing one's views, but rather a place for resolving disputes within the confines of procedural and evidentiary rules. This is one reason why it is a good idea to hire a lawyer; the law and rules are often elusive and counter-intuitive.

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Answered on 12/07/04, 5:40 pm


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