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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92810
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I DINT WANT TO SIGN THE DISMISSAL CONTRACTED PRESENTED BY THE

Resolved Question:

I DINT WANT TO SIGN THE DISMISSAL CONTRACTED PRESENTED BY THE RESPONDENTS ATTORNEY, I COULDNT CONTINUE ON WITH MY CASE FOR FEAR OF PERJURING MYSELF.

CAN I ASK IN THIS SCENARIO BELOW, WHAT SHOULD I DO?


LAYWER PROVIDED NO
DEFEATING EVIDENCE SO I CAN BE INFORMED MY TESTIMONY WOULD
APPEAR FALSE UNDER THE PENALTY OF PERJURY LAW?
I MEAN EVEN MY LAWYER
WOULDNT WANT ME TO TESTIFY TO SOMETHING I THOUGHT WAS TRUE
IF SHE HAD EVIDENCE TO PROVE IT WOULD NOT BE TRUE!!
THE LAWYER SHOULD HAVE believed that he was bound by the ethical rules and could not participate in presenting false evidence to the court."
BUT IF CLIENT MAKES FALSE STATEMENT ITS ON THE CLIENT.
BUT PERJURY WOULD BE THE END RESULT. THAT COULD HAVE CAUSED
ME NUMEROUS LAWSUITS AND POSSIBLY EVEN JAIL.
BUT IN A CASE WHERE IT CAN BE DETERMINED
BY RESPONDENTS THAT THIS CASE WAS
A FALSE CLAIM- I HAD TO INSTITUTE A DISMISSAL OF CLAIM,
WHICH IN TURN WAS DECIDED TO BE A VOLUNTARY DISMISSAL
AND AS A RESULT I HAD TO INITIATE A
DISMISSAL REQUEST AND THE OTHER SIDE I WAS ADVISED WOULD NOT ALLOW IT UNLESS
I DISMISSED VOLUNTARILY AND SIGNED AGREEMENT "WITH PREJUDICE".
ON A CASE I SHOULDNT HAVE LOST BUT BOTH EXPERT AND MY LAWYER
DID NOT LET ME SEE EVIDENCE, THEY DISCUSSED IT BETWEEN
THEM AND BOTH AGREED THAT IT DID NOT
EFFECT MY TESTIMONY… BUT THE DATES RECORDED WERE
CONTRADICTORY TO MY CLAIM.
AND TERMINATED MY STATEMENT OF CLAIM COMPLETELY.

AS THE CLIENT I WAS NOT ADVISED TO TAKE CERTAIN ACTIONS
BY THE RESPONDENTS. THEY CALIM AND DATE I WAS.

AND I FOUND OUT 2 WEEKS BEFORE HEARING THAT I HAVE PROOF AND I HAD NOTHING BUT MY WORD, ABOUT TO NOW APPEAR PERJURED-


IS THAT SUBORDINATION OF PERJURY BY MY
REPRESENTATION?
KNOWING AND ALLOWING ME TO CONTINUE ONTO XXXXX ME DISMISS MY CLAIM VOLUNTARILY BECAUSE THIS WAS THE CASE "WITH PREJUDICE"?



IF I FEEL NOW SHE SHOULD HAVE DISMISSED MY CASE A YEAR AGO, DUE TO THE UNDISCLOSED
EVIDENCE, SO I CAN PROCEED WITH MY CLAIM AND THE PARTNER NOT NAMED IN THE CLAIM IS NOT PRESENT BUT WILL TESTIFY IF CALLED TO THE FACT THE LOG AND RECORD-KEEPING IS HIS OWN WORDS.

CANNOT CROSS EXAM OR OBJECT, AS IT IS NOT HEARSAY IF THEY ARE THE NORMAL COURSE OF RECORD KEEPING AND THEY WILL APPEAR TO BE.

HOW DO I SAVE THE RIGHT TO MY CLAIM,

I AM TOLD TO SIGN DISMISSAL BECAUSE I BROUGHT IT UP.
IF I CONTINUE TO HEARING I WILL PERJURE MYSELF AND IT WILL RESULT IN
LIABILITIES.

THE OTHER ATTORNEY DRFTED THE DISMISSAL STIPULATIONS OF WHAT RESPONDENTS WONT DO, WHAT I AM NOT ALLOWED TO DO.
NO CLAUSE SHOWS MY ACTUAL LAWYERS HAND IN CLAIMANTS
DUTIES OR PROTECTIONS.

SHOULDNT MY LAWYER HAVE DRAFTED MY VOLUNTARY AS SHE SAID DISMISSAL

ALL I SAID WAS DISMISSAL REQUESTED - MY LAWYER WILL EXPLAIN TO OTHER ATTORNEYS.

BUT SHE NEVER TOLD ME WHAT THE REASON WAS FOR THE DISMISSAL, NO MOTION WAS PUT FORTH.

JUST AN AGREEMENT THAT IS THE MOTION BASICALLY
TO BE SIGNED BY COURT JUDGE.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

There is a fine line between making a mistake and perjury. If you were mistaken on the date and testified based on that mistake and later a document was found to contradict that, then it is not perjury. They have to prove you knowingly gave a false testimony, which it only would have been once your attorney showed you the document if you continued to testify to the contrary it would be perjury.

It is still not known how you, your attorney and everyone else missed this document, but you stated that everyone missed it until recently. If your attorney discovered it a year ago then they did have a duty to tell you then, but you have to prove when it was discovered to have a case for malpractice against your attorney to recover any additional fees you should not have had to pay had the attorney told you in a timely manner of the contradictory documentation.

At this point, if this document destroys your case, signing without or with prejudice really does not matter, so to save costs and possibly the other party's attorney's fees I would suggest you get the dismissal over with, even if it has to be with prejudice.

It is the strength of this document against your case that needs to be evaluated. You need to look at what this document, if taken as true, would you still have a case. If this document can be introduced in your case and not destroy your case, then you could modify and correct your previous testimony as to date and your case could proceed, but it seems you and your attorney believe that this document destroys the case more than you incorrectly testifying about the date and that is where the problem is about trying to save your case.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92810
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
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JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law