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Family law solicitor lying

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Is that not the idea of going to court, to determine the truth?

 

You still arent allowed to submit evidene you know to be false.

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No but as previously stated you would need evidence of that.

If you have evidence then present it to the court and they will determine the validity of it.

Without that evidence it is only hearsay which is not admissible and the truth must be determined by a court.

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If late statements are allowed why did judge set a filed date at last hearing

 

A court will always set a timetable of directions for how they want the papers to be filed and actions completed. However, things happen and both parties can seek permission to file late / adjust or even completely change the whole directions as they seem fit.

 

Frustrating as it is, your solicitor may have needed to do just the same for some of your evidence.

 

Don't forget law works for BOTH sides.

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Don't forget law works for BOTH sides.

 

It works for some sides better than others, particularly when CAFCASS are involved.

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Do you have representation? If so have you made your solicitor or barrister aware and they will consider it.

 

By knowingly presenting a false statement the client is perjuring himself, but your difficulty is in proving it. It may be just as easy for your own barrister to let you take the stand and make clear the inconsitencies between your evidence and the other side.

 

I believe if a solictor or barrister knows their client is lying, then they have to point this out to the client and they are under a duty not to mislead the court.

 

You should check this with your lawyer, the court or the Law society.

 

 

^^^^^^

What they said.

 

A Solicitor is paid to present the case as instructed by their client. If they suspect a client is lying, they will have a duty to advise them so and warn of the risks of contempt of court etc.

 

However, if a client still insists that's their position then a solicitor will present on that basis.

 

Its the CLIENT who is signing a statement of truth and its for a JUDGE to consider who or who isn't lying. Whose to say that your "evidence" of their lies is valid. Whose to say that another party is not creating false facts.

 

The whole purpose of the hearings is to get BOTH sides of a story and for the judge, and only the judge, to make a decision.

 

---------- Post added 11-10-2015 at 12:34 ----------

 

You still arent allowed to submit evidene you know to be false.

 

Who knows its false? Its for a Judge to determine not the solicitor.

 

I repeat, a Solicitor even if they 100% know its not correct can only advise their client not to use it, or of the risks of it being found untrue and/or the risks of their client being sent down for contempt of court or criminal prosecution.

 

Think about a criminal trial. A lawyer may know from the evidence that their client is 110% guilty, and they may advise their client to plead so. However, if the client insists on instructions as pleading "not guilty" their solicitor has to present as so.

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The submission is by the person making the statement. Thats why they swear a statement of truth. They know if its false or not. Knowingly submitting false evidence will be perjury.

 

I never said its for the solicitor to determine, but if the solicitor becomes aware then he has a duty to point this out to the client and a more important duty not to knowingly mislead the court. He puts himself at risk in being complicit with the clients deception.

 

Your last sentence is confused. Theres a difference between knowing as a fact and suspecting because of a weight of evidence. Its a different issue from whether a client is comitting perjury as per the question. Go and ring up the SRA if you want clarification or read the solictors conduct rules its all there.

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Something I do know about.

 

The answer is yes you can do something about it and the solicitor should also be doing something about it.

 

Lets start with the solicitor. The Solicitors Regulation Authority rules regarding this are:

http://www.sra.org.uk/solicitors/handbook/code/part2/rule5/content.page

 

IB(5.4)

immediately informing the court, with your client's consent, if during the course of proceedings you become aware that you have inadvertently misled the court, or ceasing to act if the client does not consent to you informing the court;

 

IB(5.5)

refusing to continue acting for a client if you become aware they have committed perjury or misled the court, or attempted to mislead the court, in any material matter unless the client agrees to disclose the truth to the court;

 

Now the Family Procedure Rules regarding False Statements can be found here https://www.justice.gov.uk/courts/procedure-rules/family/parts/part_17

 

False statements

17.6

(1) Proceedings for contempt of court maybe brought against a person who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

(2) Proceedings under this rule may be brought only –

(a) by the Attorney General; or

(b) with the permission of the court.

 

I've got my ex out previously and keep catching her out still. With the information that I still have to give to the courts in my case it is going to end up very costly for her.

 

You can also report the solicitor if they fail to follow the SRA guidelines (something else I have experience with). If you need a hand let me know

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There are lots and lots of Rules- e.g. Civil Procedure Rules- applicable to litigation.

 

I'm glad you pointed that out!

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