What is the penalty for a divorce attorney who lies to the court?

Question:divorce lawyer Erin Clark

My wife’s divorce lawyer is deliberately telling lies to the divorce court. I have asked for an evidentiary hearing, presented it to the Court of Appeals, and submitted a grievance to the state bar association.

What is the usual penalty for an attorney who lies to the court? Can I have her recused from representing my wife? Can she be disbarred? Can I sue her?

Answer:

I am not licensed in your state (Georgia); however, a Google search directed me to the State Bar of Georgia’s website, where I found the following information: “When the State Bar receives a call or a letter from a person who expresses a concern about the conduct of a Georgia attorney, the communication is directed to the Consumer Assistance Program.”

The Georgia State Bar’s Consumer Assistance Program (CAP) helps people with questions or problems with their Georgia lawyer. Following a receipt of a proper grievance, the Georgia Office of the General Counsel will investigate the allegations.

It is clear in the Georgia Rules of Professional Conduct that a lawyer shall not knowingly make a false statement of material fact or law to a tribunal. While the maximum penalty for a violation of the aforementioned rule is disbarment, the State Bar may impose other penalties, such as sanctions, private reprimand, public reprimand, or a temporary suspension from the practice of law.

To set up an appointment with a Cordell & Cordell divorce lawyer, including Erin E. Clark, an Associate Attorney in the Fort Worth, Texas office, please contact Cordell & Cordell.

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4 Comments on "What is the penalty for a divorce attorney who lies to the court?"

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Michael S. Robinson, Sr.
3 years 8 months ago
PetitionerDon’t feel bad. I have lost everything I worked for during my life to a flawed system which requires no accountability for judges or attorneys. My ex-wife’s attorneys have lied in multiple court hearings. When the Judge was confronted with the lies, all quoted as per the official court recording, he took no action. In a subsequent hearings those attorneys actually made an issue of claiming that they had done nothing wrong, so any possibility that their lies were inadvertent cannot be asserted. The evidence was indisputable and documented with exact quotes. The specific lie they told was material to… Read more »
5 years 4 months ago

Attorney’s get away with Lying
I have had the same problem. I never go into court without a court reporter. Yet still, where the lie was so blatant and proveable with the transcript and evidence to refute her statement the Florida Bar would do nothing. It is absolutly a pervresion of law beyond imagination. In Florida I would imagine the bar disiplines less than 1% of all complaints. Its hard to imagine Fathers are so powerless and so completely walked all over by the Divorce Industry.

Keith Parker
5 years 4 months ago
Good Luck With ThatGood luck with that. The court at most might reprimand her lawyer but she is just going to say she didn’t knowingly lie and the court is not going to do anything to her. My ex-wife’s lawyer lied constantly and got away with it even though all of the lies were challenged and shown to be untrue the judge still based her decision on what her lawyer said. A lot of “lawyering” is nothing more than good acting and presentation with a straight face while lying. The judge is not going to look to validate anything that… Read more »
5 years 4 months ago

Lying in Court
There are absolutely no consequences to an attorney lying in court. They lie all the time constantly as do their clients. The problem with attempting to take them to grievance is that little word “knowingly”. How are you ever going to prove whether the attorney lied knowingly or not. They will say they got the information from their client or they interpreted the information that way. Also, even with the most clear cut evidence grievance committees for attorneys disregard complaints from consumers all the time.

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