IN YOUR OPINION, THE PROVIDED ANSWERS AS ACCURATE AS POSSIBLE I ANSWERED, WAS I MISREPRESENTED?
AM I ENTITLED TO SEEK A LOSS OF MY COMPLETE CLAIM AS PUNITIVE, IF I SEEK A MISREPRESENTATION CASE FOR LEGAL MALPRACTICE?
your response, my answers:
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.
ANSWER: (No that didnt happen, I was sure of date- the other party presented records, stating that these were business notes, so they are not hearsay, arbitrators would have found weight and even accepted, then my testimony
would appear to be a lie)
They have to prove you knowingly gave a false testimony,
ANSWER: (Because, they are business records, the one partner was not named in the suit, he would testify as we know he will now, 2 weeks before trial, that they are in fact his notes -even though they have a hole that otherwise could be counterclaimed)
which it only would have been once your attorney showed you the document
ANSWER (She never showed me the document, just the discussion of it with the expert)
if you continued to testify to the contrary it would be perjury.
ANSWER: (YES, But as a result, I could not testify 2 weeks before arbitration
, upon finding the document, I instead -lost a good claim, I now have no choice or second chance at disproving the evidence.)
they want "With Prejudice".
It is still not known how you, your attorney and everyone else missed this document, but you stated that everyone missed it until recently.
ANSWER: (no, the Attorney seen it, the expert seen it, they discussed it, showed me discussion, BUT I NEVER seen it)
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.
ANSWER: (I can prove when it was discovered, My lawyer explain it that day- 2 weeks before arbitration. legal fees ok - but, NO, I AM MORE worried about My claim that was lost, that was for a lot of money!!)
At this point, if this document destroys your case,
ANSWER: (Yes, would inevitably destroy it tentatively in 2 weeks when I go to arbitration, and the minute the arbitrators accept it with weighted evidence)
signing without or with prejudice really does not matter,
ANSWER (It only matters because my case was destroyed too)
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.
ANSWER: (It was Business records,notations on account, not hearsay- but there was holes in the party who was partner, not named in claim)
You need to look at what this document, if taken as true, would you still have a case.
ANSWER: ( It was respondents evidence, it was true, because they both will say so, even though partner was not named in claim)
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,
ANSWER: ( YES THAT MAY BE TRUE, BUT IN MY CASE I CANNOT Cannot correct my STATEMENT OF Claim or testimony, BECAUSE THEY ARE TRUE.
but it seems you and your attorney believe that this document destroys the case
ANSWER: (NO She believes, what the expert says it will discredit them, I say it will destroy or perjure my testimony, costing me to at the least look like I am creating a false claim, at worst look like I am committing a perjury. and civil liabilities
unrestrained as a result.)
disregard concern for the below remainder of your recent reply to the previous perjury question below.....
more than you incorrectly testifying about the date and that is where the problem is about trying to save your case.