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socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 34141
Experience:  Retired (mostly)
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My wifes attorney has made numerous false allegations and

Customer Question

My wife's attorney has made numerous false allegations and statements to the courts against me herself as well as deliberate misrepresentations of material facts in motions in additions to my wife herself. As one of many examples I provided documents of evidence showing cancelled checks of payments to the bank for the mortgage along with mortgages statements evidencing such payments in which my wife and children reside yet they continue to state to the courts that I haven't been paying such and trying to get a judgement of arrears stating that I have never paid it nor provided them evidence of such. This evidence has been filed with the courts and served upon them. How can my ex and her attorney continue to make such statements under oath against me and under penalties of perjury when the evidence is so overwhelming. In addition, they actually admitted in a prior motion that i did pay the bills. This is one of many items that i am constantly having to defend myself against for absolute lies and whereby the evidence is so strong that they are blatantly lying to the courts. Under what regulations in new york state can i file an order to show cause for fraudulent statements in motions, etc. I know the bar is high but to reiterate the conduct of this attorney is extremely unethical and unprecedented (to me) and i can no longer sit here idle defending myself for such fraudulent motions and i want to address this to the courts in the appropriate manner . Thank you very much for your help. Hopefully The law secretary and the judge have noticed this but they are so overwhelmed that i am concerned they may miss something.
Submitted: 1 year ago.
Category: Business Law
Expert:  socrateaser replied 1 year ago.
Hello again.

In my experience, everyone lies in family court. The judges know this and if they were to clamp down on every incident of misrepresentation, nothing would ever get done in court, because all of the litigants would be sitting in a holding cell, awaiting arraignment on felony perjury charges. And, I'm being totally serious in my comments here.

The botXXXXX XXXXXne is that you compile all of the various misrepresentations, and your evidence which rebuts them, you call the other party to testify at trial, and then you ask that party about each misrepresentation separately to confirm that they continue to allege each statement, and then you put the evidence that they are lying in their hands, and ask them to explain the document that proves they are a liar.

Pretty quick, the judge gets the message that the party is completely full of crap, and after that, if the judge has any amount of judicial temperament, he/she will give that party's testimony very little weight when it comes time to rule on the issues.

That's how it's done. Hope this helps.
Customer: replied 1 year ago.
But how can the lawyer themselves lie. The lawyer didn't just certify she made her own statements about me that my ex did not which were lies!
Expert:  socrateaser replied 1 year ago.
I realize that this is all incomprehensible. But, it happens every day in every family court room everywhere in the USA. I have observed and had to deal with the same issue dozens of times, myself.

Clients are always outraged. Many lawyers use the client's outrage to generate more billing -- the attorney tells the client how they will "get" the other side for its lies, etc., the pleadings get padded with all sorts of unnecessary BS, and the lawyers argue it all out in court.

In the end, the lawyers win more money in fees, and then when the judge doesn't rule any differently than he/she would have ruled had none this stuff been brought up at all, the lawyers blame the judge for being an idiot.

It's all a big "song and dance." I tell clients this as a routine, I explain that I refuse to write useless pleadings with unnecessary verbiage or argue about things that will go nowhere in the courtroom.

And, then I win -- because the judge doesn't want to hear any of it either, and he/she doesn't believe any of it to begin with.

Everyone lies -- so, you have to get used to it, because that's just how the game is played. Pick out the lies that are material, because they actually affect how the judge will ultimately rule, marshal your evidence so that you can prove those lies false, and ignore the rest of the crap, because all it does is get you so worked up about the minutia, that you forget about the important things and then you will lose those points, because your case won't be solid where it counts.

That's precisely what opposing counsel is counting on. He/she wants to get you emotionally worked up, because you won't be able to think straight, which means your entire case will be weakened -- maybe even destroyed.

Remember this: Opposing counsel doesn't care about you or your spouse -- it's just an act -- a performance intended to extract the maximum amount of attorney's fees possible. If you can tell yourself that this entire matter is "just business -- not personal," so that you are not emotional about the issues, then you will be able to deal with the issues that matter, and you will be prepared -- and that is the one thing that opposing counsel will not expect.

I realize that this is all counterintuitive -- and, to be frank, as I have told hundreds of others the same thing in the past -- most refuse to believe me, and they cannot control there emotions -- and as a result, when an important hearing or the trial comes up -- they lose, because they are not in the right mental frame to be able to present and defend there case.

This is why people hire lawyers to represent them. Even I have hired lawyers to represent me, when I have thought that I was too emotional about a particular matter.

You are concentrating on the wrong thing -- forget about the lies, unless they are material to the other parent's claim. And, if they are material, then calmly set about gathering the evidence to demonstrate that the claims are false.

If you do that, then you will win. Otherwise, you will lose.

Hope this helps.
Customer: replied 1 year ago.

thank you. one last question. I am currently under a pendente lite order and if we reach a settlement before trial when does the order end and the terms of the settlement begin? Is it when the judge signs off on the settlement and we are granted the divorce or is it when the settlement is signed by my ex and I. if it is not until the judge signs off on our settlement do you know the approximate timing from submission of settlement to sign off?


 


Thanks again for your help

Expert:  socrateaser replied 1 year ago.
The new order controls when the judge signs the final judgment of divorce. As for timing, if all of the paperwork is in order, then I would expect that the judge would approve the settlement and sign the judgment no later than the following week from the date of submission.

Caveat: Most judges take their vacations in August and December. If your judge happens to be on vacation when you submit the settlement for signature, then you may have to wait another week or two for the judge to return.

Hope this helps.
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 34141
Experience: Retired (mostly)
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