The Defendant's counsel lied in his response to my motion for partial summary judgment by deliberately misrepresenting material facts which is a violation of the Ohio rules of professional conduct. He followed with another attempt to deceive the Court by directing the Court's attention to a place in the record that did NOT support his "facts"; I was stunned that he tried that, but he got caught. What can I expect or ask of the Court as a result of his conduct? Is this serious enough to establish grounds for default in my favor? If not, what action does the court usually take when this happens. Is it grounds for Sanctions?
Assuming you have a lawyer representing you, you should ask him whether he believes that it would be appropriate to seek sanctions against defendant's counsel. If you do not have a lawyer, you can seek sanctions yourself, but keep in mind, when people are unrepresented, they often think that conduct is more serious than it actually is. So tread carefully. You can also file a complaint with the disciplinary board in Ohio. http://www.supremecourt.ohio.gov/Boards/BOC/default.aspx
I am licensed in Pennsylvania. Members of my firm are licensed in various states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation, social security disability and legal malpractice. Nothing I write on Avvo is legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in anything I write on Avvo without retaining your own lawyer in your state. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.
You can report this conduct to the Summit Count Bar Association for investigation. Although there are negative consequences to this kind of behavior, I would be surprised if the court would use it to grant a judgment in your favor. Attorneys can be sanctioned for this type of misconduct.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements