The conduct of the opposing attorney in my case has been one of defamation; unsubstantiated far fetched and wild accusations, lacking due-diligence. This includes false assertions in motions as well as accusations on the record in court. It has been the common practice for this attorney to file motions with no exhibits - as he can not present evidence when no evidence exists - and if there are ever any exhibits, there may be only 2 or 3 - verses 10-15 in my pleadings.
I have discovered an email this opposing attorney sent to my child's hockey league office - alleging that I have a history of causing conflicts with teachers, child care providers, doctors, and league officials. Fact is - none of this is true. What is also disturbing about this correspondence is that it appears directly from this attorney, whereas it appears he is representing himself and he never even mentions his client (my ex-wife).
Is his action unethical, even illegal? It lacks due-diligence and amounts to slander and defamation - & I am wondering if it is worth my while to file a complaint with my state's Attorney Discipline Board. Tip of the iceberg in terms of his conduct, but limited to protect my ID
If this attorney is doing everything you allege, then what you need immediately is representation for yourself to both put an end to these actions and to see if you have any valid recourse against the attorney. There are, sadly, a lot of "dirty tricks" lawyers can pull, particularly in contentious legal matters, that place the other party in a bad light. Whether or not this constitutes defamation is another question, and it is not always easy to prevail on a defamation claim.
If you have concrete evidence that the attorney is willfully and knowingly lying about you to third-parties, it may be something you wish to make the state bar association aware of.
Attorneys usually enjoy judicial immunity in court for their conduct so long as it relates to the case at bar.
However, the immunity ends when conduct occurs outside of the courtroom.
You should immediately and privately consult with a lawyer who practices law in the area of defamation. You may have claims against the attorney for defamation, abuse of process, and/or invasion of privacy.
Don’t post anything more online about this—even on Avvo. Privately consult with a lawyer.
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