Problem with perjurous defendants and their lawyer

I am prosecuting a civil case [ In California] as plaintiff pro se. <p>I am opposing one of those type lawyers who think nothing of lying, or having their clients lie - even under oath.</p> <p>I have absolute proof that the lawyer lied under oath - in a declaration. I pointed this out clearly in a reply to their opposition to my Motion to Amend the complaint. I also have absolute proof that responses to verified discovery are false.</p> <p>In court, the judge immediately denied my motion - against prevailing case law, but then recanted and said he would take it under advisement. The next morning [ this morning], I read on line "motion denied" without comment.</p> <p>I specifically asked in my reply to their opposition; "IS there a penalty for perjury?" And the judge ignored that. I have only a 50-50 shot at winning a slam dunk case if the other side presents not only lies about everything, but slanderous and libelous lies?</p> <p>What steps can be taken to deal with perjury [material facts lied about, under oath] and suborning perjury, and a judge who apparently preferrs to ignore the issue?</p>


Asked over 7 years ago in Los angeles, California
Categories: Civil Litigation

Answer Now

Frederic M. Douglas

Answer by Frederic M. Douglas

VerifiedCalifornia lawyer


I am not familiar with your case. I would be able to perhaps provide you with a solid answer if I was familiar with your case, on the law and the facts, in addition to what has happened so far.
As you can see, an experienced diligent lawyer can often run circles around a non-lawyer. In fact, pro se litigants often fail to understand just how much the odds are stacked against them in litigation against a lawyer.
I suggest that you try to engage an attorney to handle your case or at least to consult with you to provide you with some information on tactics and strategy.
If you are able to do that, you may be able to avoid being disappointed in the future when/if you lose another motion.
 
Fred Douglas
fdouglas@cox.net
(949) 293-0442

Posted over 7 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Frederic M. Douglas, or search the Lawyer Directory.


Comment

<br />I should add that the Declaration to which I refer was&nbsp;in support of their opposition to my Motion. The lie was relevant to my justification for adding additional causes of action, and their opposition to the amendment.

Posted over 7 years ago


Comment

<br />Fred, I appreciate your comments, but I have run circles around a number of lawyers through the years. I have been involved in&nbsp;a number of&nbsp;law suits [40 years in business, that it not unusual]. So far, EVERY time I hire a lawyer, I lose. Every time I handle it pro se, I win. I have a couple of impressive wins - like against fortune 500 companies [ can't go into detail in a public forum]. <br />Yes, there are certainly a lot of lawyers a lot smarter than me, but the vast majority of lawyers are hackers, using rote procedures to muddle their way through a case. They have no idea how to be creative. I am, by profession, an engineer, and scientist. I daresay that there are very few lawyers out there than can out-analyse me when it comes to taking evidence and digging out the true facts of the matter. <br />I am not looking for advice on how or why to hire a lawyer, I am looking for an answer to how to deal with a lying, cheating dirty lawyer. Thank you again for responding, but your response is a typical evade the question, and promote hiring lawyers statement. Had nothing to do with my question. As a good lawyer would say - non-responsive.

Posted over 7 years ago


Frederic M. Douglas

Answer by Frederic M. Douglas

VerifiedCalifornia lawyer


No it is not. You hate lawyers but you ask lawyers for advice. If we are stupid, stop wasting your time asking us questions. FYI, there is no good answer to your question without knowing the facts of your case. So you are unreasonable in thinking that anyone could give you a free and useful answer to your question.

Posted over 7 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Frederic M. Douglas, or search the Lawyer Directory.


Comment

<br />Fred, I do not hate lawyers [my closest friend is a Federal defense attorney. I know, trite statement]. What I do not like [hate is a misused word] are "average" lawyers who follow a cook book, and when something out of the ordinary comes up, they are befuddled. I am certainly not accusing you of that, I do not know you. <br />However, Your denial that I claim your first response is non-responsive is a typical lawyer mis-statement. Your response WAS non-responsive. I asked how to handle a lawyer who commits perjury, and suborns perjury. I did NOT ask whether I should hire a lawyer. <br />You said in several ways that you would have to know&nbsp;more of the "facts" of the case to render a comment. That is also untrue. Nothing more is needed that I gave you. The case is irrelevant to my question. The case could be about a barking dog, or a forged signature on a deed of trust [ it is neither of those] <br />This lawyer LIED in a Declaration opposing a simple motion to amend the complaint. He lied about a material fact. He suborned perjury by preparing responses to several discovery vehicles [ interrogatories, documents, RFAs] and had his client sign a verification. Those lies also impacted my motion, so the perjury is relevant to the issue at hand. <br />The judge apparently did not care about my expose of the lies, the proof of perjury, etc. My Motion was denied solely because the judge accepted the lies, even though Cal law clearly favors liberal granting of leave to amend, to the point of stating that it is an abuse NOT to grant leave except under the rarest of circumstances. <br />I did not ask how to conduct my case, I specifically and ONLY asked what steps can be taken to deal with a dirty lawyer. Yes, I know, I can report him to the Bar. I plan to do that, and in the year 2018 something might be done about this. I am looking&nbsp;for something that will force a judge to take notice of dirty tactics [ or is this so prevalent in CA that it is every case, every judge, and every lawyer?]

Posted over 7 years ago


Reply by Admin Administrator


Hello to the person who originally asked this question. This person would like to get in touch with you regarding a movement he thinks you might be interested in helping with: Rick Gellert (thatrickster@gmail.com). He asked me to post this on his behalf. 

Posted almost 7 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Search the Lawyer Directory.


Frederic M. Douglas

Answer by Frederic M. Douglas

VerifiedCalifornia lawyer

If "my closest friend is a Federal defense attorney. " then you should ask that lawyer instead of telling me that I should know something conclusive without knowing the facts of your situation. FYI, I never agreed to provide any legal opinions or conclusions on your case, for free or otherwise. Until I agree to provide you with any legal opinion or conclusion and so far as the 13th Amendment to the Constitution remains active, your demands for "I specifically and ONLY asked what steps can be taken to deal with a dirty lawyer" and general statements of frustration that no lawyer answers your question to your satisfaction will fall on deaf ears.

Posted about 6 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Frederic M. Douglas, or search the Lawyer Directory.

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