Q: Can a lawyer lie on a motion filing, claim a conviction occurred when there hasn't and they knew it hadn't?
My ex-wife's attorney filed for an RO extension, and stated the reason was due to a "criminal conviction" for an "I love you " text in March of 2021 to my son for which I was granted a mental health diversion in January 2024. My ex and her attorney are aware. Is this an ethical violation worthy of filing a complaint?
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A:
Under California law, attorneys are bound by ethical rules that prohibit them from making false statements or misrepresentations in court filings. If your ex-wife's attorney knowingly claimed there was a criminal conviction when there was not, this could be a violation of the California Rules of Professional Conduct.
You can file a complaint with the State Bar of California if you believe the attorney has engaged in misconduct. The State Bar investigates allegations of ethical violations and can take disciplinary action if necessary. Providing evidence that the attorney was aware of the true circumstances, such as the mental health diversion, would support your complaint.
It's also advisable to bring this issue to the court's attention, as the false information may impact the judge's decision on the restraining order extension. You may want to consult with your own attorney to discuss the best course of action for addressing both the ethical violation and the incorrect information in the court filing.
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