This is from the Bus. & Prof. Code 6068 subd (d)...I understand this as one should respect the law and therefore respect the courts and its judicial officers...What I want to know is if an attorney intentionally lies about facts that can be supported by statements in the Court Transcript, in his Reply Brief to the Appellate Court, to enhance his position ,would this be a violation of Bus. & Prof. Code 6068 subd (d) ???..Thank you
Be polite, professional, respectful of others, follow the rules, and do it all ethically.
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Only where the described conduct was very extreme, unambiguous and material to the matter before the appellate court.
This is almost certainly not an issue that you should chase. The remedy may not benefit the opposing party in the very rare event that the facts are as you say and the court decides to take action. Of course it can happen -- but it hardy ever does. Attorneys have enormous latitude in ARGUMENT. Argument is not testimony.
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Criminal Defense Attorney
This is an extremely tough question. You are asking a general question , but are looking to apply any answer supporting your implied assessment.
If, as I suspect, you are involved in a law suit and are upset at a filing made by opposing counsel, discuss that with your attorney. If you d not have one, this query clearly indicates your need for one.
Keep in mind that two people may see the events in different ways and have differing points of view on the law applied to an event or events, even when the facts are agreed upon.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.