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socallegalwork, Lawyer
Category: Real Estate Law
Satisfied Customers: 104
Experience:  Attorney and licensed real estate broker (and Certified Distressed Property Expert), specializing in real estate matters.
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My question is not directly involving real estate, all though

Customer Question

My question is not directly involving real estate, all though real estate is part of the trust. Can opposing lawyer lie in a letter sent to me and my lawyer? The lie involved forgery, a co trustee unilaterally taking actions to benefit her own interests, as well as lie. Then another letter from same opposing council with another separate lie. This lie is essentially using one trust account to smoke screen the illegal rental and the funds collected, by covering up the actual money collected, and hoping to inadvertently get the proper signature on documents freeing up the trust account and the actual money in that account. Walking away with the rent money since no one believes it is not the money in the trust account. I have a lawsuit to void the amendment and reinstate the original trust but why do I have to keep spending money when there are two very blatant lie's in a letter (black & white) and the evidence to prove it is also tangible provable documents not hearsay. Would take any one to see the truth on paper all of 15 min if that to see the letters from the opposing lawyer is in fact a lie. Why is the lie's not enough to void, why do I have to keep spending money against a theft?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  socallegalwork replied 5 months ago.
Generally speaking, unless the attorney owes you a fiduciary duty (for example, if the attorney were also a trustee of a trust in which you were the beneficiary) or the attorney has signed something under penalty of perjury, the attorney will probably not be liable or otherwise accountable for any representations he may make in his letter. This is particularly true if he is not a party himself/ herself, but representing an opposing party and arguing in favor of his/her client's position or writing a letter at the client's behest to explain or articulate their position (even though it may be false). In the context you are describing, it appears the attorney is an advocate (not a party, not holding a position in which he owes you a fiduciary duty) and very likely cannot be held liable or otherwise responsible for the contents of the letter. Moreover, if the letter was received in the context of correspondence going back and forth between attorneys, it could be seen as correspondence in the context of negotiations to resolve the matter, and that letter would not be admissible in court as evidence. However, if the opposing party answers written discovery with those same lies or lies in his/her deposition testimony, that can be used in court to your advantage. Probably not the answer you would like to hear unfortunately, but I hope it clears up the situation a bit.

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