False Evidence In Custody

Summary

If you discover false evidence in a custody case, save the evidence and notify your attorney. You can report it to the court by filing a motion with the email attached. Lawyers have an ethical obligation to correct false statements under pennsylvania rules of professional conduct. If the lawyer does not act promptly, you can file a complaint with the pennsylvania disciplinary board. Consider consulting a local attorney for guidance.

Full Conversation

I recieved an email with the opposing party also attached which was an addmitance that evidence the other party used in the custody case was fake and they were aware what are the next steps?
Hi Brett!
That sounds like important information for your case. Here are some steps you can consider taking:
- Save and print the email as it is crucial evidence.
- Notify your attorney immediately and provide them with a copy of the email.
- If you don't have an attorney, consider consulting one for guidance.
Would you like help finding a local attorney to assist with your case?
no how do I report this to the judge
Hi Brett!
To report this to the judge, you can follow these steps:
- Prepare a Motion: Draft a motion to present this new evidence. You can title it "Motion to Present New Evidence" or something similar.
- Attach the Evidence: Attach a copy of the email as an exhibit to your motion.
- File the Motion: Submit the motion to the court where your custody case is being heard.
- Serve the Motion: Ensure that the other party (or their attorney) receives a copy of the motion.
Would you like more details on how to draft the motion?
does the lawyer who submitted said false messages have an obligation to correct it
Case Rating: *
The lawyer who submitted false messages may have an ethical obligation to correct it. Here are some key points:
- Lawyers are bound by the Pennsylvania Rules of Professional Conduct.
- Rule *.* requires a lawyer to correct false statements of material fact or law previously made to the tribunal.
Would you like more detailed information on this rule or need further assistance?
yes
Case Rating: *
Sure, here are more details on Rule *.* of the Pennsylvania Rules of Professional Conduct:
- Candor Toward the Tribunal: A lawyer must not knowingly make a false statement of material fact or law to a tribunal.
- Correction of False Statements: If a lawyer learns that a false statement was made, they must correct it.
- Disclosure of Adverse Facts: A lawyer must disclose facts if necessary to avoid assisting a criminal or fraudulent act by the client.
Is there anything else you need assistance with?
how long does said attorney have to make a correction of false statement
Case Rating: *
The Pennsylvania Rules of Professional Conduct do not specify an exact time frame for correcting a false statement. However, the correction should be made promptly upon discovering the falsehood to uphold ethical standards.
Do you need more information on filing a complaint if the correction is not made?
how long should I give for the attorney to correct it before making a complaint
Case Rating: *
You should give the attorney a reasonable amount of time to correct the false statement, typically within a few weeks. If the attorney fails to act promptly, you may consider filing a complaint with the Pennsylvania Disciplinary Board. Would you like more information on how to file a complaint?
yes
Case Rating: *
To file a complaint with the Pennsylvania Disciplinary Board, follow these steps:
- Visit the Pennsylvania Disciplinary Board's website.
- Download and complete the complaint form.
- Attach any relevant evidence, such as the email.
- Submit the completed form and evidence to the Disciplinary Board.
Is there anything else you need help with?