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A lie a lawyers knows about

I am just wondering what I can do about the other sides lawyer, they have knowingly written, witnessed and filed 2 affidavits with 5 blatant lies. These lies aren't something that can just be implied that the lawyer knew about but are points stated as fact in regard to previously proven false statements and also things that were said and ordered in our last court matter. They are not little nit picking comments else I would ignore them but they do drastically harm my case, there is more where there is about 8 contradictions in each affidavit.
The lawyer is the same lawyer ex had last time and so obviously they would know this is a lie.
what can be done about it?

Thanks in advance
Hi Faith,

A starting point would be to look through the
LAW COUNCIL OF AUSTRALIA "MODEL RULES OF
PROFESSIONAL CONDUCT AND PRACTICE"

here is one section

16.2 A practitioner must not draw or settle any court document alleging
criminality, fraud or other serious misconduct unless the practitioner believes
on reasonable grounds that:
16.2.1 factual material already available to the practitioner provides a
proper basis for the allegation ;
16.2.2 the evidence by which the allegation is made, if the evidence is in
written form, will be admissible in the case; and
16.2.3 the client wishes the allegation to be made, after having been
advised of the seriousness of the allegation and of the possible
consequences for the client and the case if it is not made out.

If the affidavit contains lies that have been proven to be lies by a court previously then that Lawyer in my opinion by submitting the Affidavit with lies is in breach of the Code of Conduct and Practice.

It would pay to read through the whole document.

I Hope this helps.

ILG
You could make a Complaint to the legal services commissioner.

But - what do you want to achieve?

If the other party has put misinformation or untruths in an affidavit which can be demonstrated by you to be  so - wouldn't that assist you?

Skilful cross-examination of this material could expose the untruths/misinformation and adversely affect their 'credit' - could it not?

So - have you got a problem or an opportunity?


4MYDAUGHTER
Thanks to you both for responding.

I more was looking at it being some part of ethical standards or something, I could not believe a lawyer would act in that manner.
but your right 4md it can be an opportunity for me, I was already compiling my proof as it was anyway to combat, I was more looking at it from if there is any recourse for a lawyer doing this.
Law services commissioner in my state say they only would deal with it if it was my own lawyer.
Pick your battles.

Win your case first. Then handle the lawyers after - if you can be bothered.

Unless of course you want the other parties solicitors removed from the matter?


4MYDAUGHTER
faith said
Law services commissioner in my state say they only would deal with it if it was my own lawyer.
The legal services commission must deal with the complaint regardless of "who's" solicitor it is. There are very strict standards for solicitors, officers of the court, to adhere to and comply. Which state is it? New Zealand and WA could be considered differently? It will also depend on what sort of digressions because there is a bending of the truth to cloudy matters and gain advantage in family law matters and then there are more extreme deeds such as stealing client trust funds which will result in serious disciplinary actions taken. We have seen a number of solicitors struck off for various digressions in the past.


Executive Secretary - Shared Parenting Council of Australia
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