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socrateaser
socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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I am back from last night. They took a deposition from my

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I am back from last night. They took a deposition from my mother's estate yesterday, all day. The man is a classic liar. I can prove that he contacted the person at Adult Protective Services who came out to see my mother because the house was so dirty. Before the worker was deposed, there is a question asked of my daughter when she was deposed that quotes from the worker's report. How did he get that? Is it possible to discredit his entire testimony based on his unethical an lying behavior
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
If you are suggesting that the attorney is manipulating evidence, or the deponent's testimony, then that's something that you could challenge at trial via cross examination of the witnesses, or at summary judgment, via declarations by your witnesses for impeachment.

I confess that it is not entirely clear to me that the lawyer has committed an unlawful act -- e.g., by suborning perjury by coercing or unduly influencing a witness. Feel free to clarify the exact allegations that you assert, and I will try to comment intelligently.

Thanks again!
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34180
Experience: Retired (mostly)
socrateaser and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Me again. I want to know if I can bring my brother's (my adversary) very smarmy arrest record into this case. My mother's will of 1975 was a 50/50 asset split. It stood until the Trust of 2003 which began a very adverse disposition to me. What happened between these two dates? In 98 or 99 he was arrested and served a 6-month da's probation for calling a young lady in the community (under age at that), using a high-pitched voice, threatening her with sexual mayhem. It is my contention that this is evidence of his proclivity to frighten and control less than highly competent females, this one a minor, my mother, elderly. In deposition a few days ago, his attorney shouted at me, "That will never come in--I can guarantee it." Is her correct?

Expert:  socrateaser replied 1 year ago.
There is a counter argument for everything.

Character evidence is generally inadmissible (i.e., evidence of a person's traits or propensities does not prove that the person acted in conformity with those traits/propensities on a particular occasion).

However, in an action to set aside quitclaim deeds where plaintiff claimed the deeds were signed under duress, evidence of defendant's conviction for criminal assault on plaintiff was admissible to support finding of duress and to show defendant's intent to carry out threats against plaintiff if she didn't sign the deeds. Alderson v. Alderson (1986) 180 CA3d 450, 465, 225 CR 610, 618.

So, there may be a way to get the evidence into the record.

Hope this helps.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34180
Experience: Retired (mostly)
socrateaser and 4 other Legal Specialists are ready to help you

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