Q: What is the remedy when a lawyer has made a false allegation that molestation of a minor child occurred?
I am not the accused in the matter. Though during the course of a trial my ex-wife's attorney made a statement that my son was molested despite not offering any foundation or evidence. He went on to claim ignorance of what the criminal definition of molestation is. Ignorance of the law is never an excuse; especially for a lawyer. I gather he can be disbarred but what other criminal and civil codes apply beyond defamation?
A: If the statements were made in the course of litigation it is likely that the attorney is immune under the litigation privilege from civil suit. However, statements made in court that are not supported by the record or evidence can be ground for sanctions by the board - although that is for the BPR to investigate and determine.
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