Q: Concerning the writing of a Brief , both Circuit Court and Appellate Court...
My lawyer refuses to include important details vital to the case. He claims he can not call the other lawyer a liar, when clearly he is ! Is this legal for him to not include the truth when i insist he include it? I feel like im being kept quiet by my lawyer. This is a case about a fake HOA placing a lien on my home, my property has never been encumbered, no notice or agreed to be a member, covenants expired, and covenants never transfered from developer, going on for 7 years, I have yet to speak
A:
What a lawyer says in court is not testimony. Testimony is made by witnesses. Lawyers in a case cannot give testimony in that case. So, even if the lawyer "lied", it would not be relevant to the appeal because the "lie" would not affected what the court decided.
If what happened is that the opposing lawyer argued facts that were not in evidence, your attorney should be able to easily show that, without calling the opposing lawyer a liar.
If you feel that you are not being represented to your satisfaction, get another attorney.
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