Elk Grove, CA asked in Estate Planning and Civil Rights for California

Q: Can an attorney who claims to have personal knowledge submit two different versions of an event to the court? !

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5 Lawyer Answers

A: Yes, an attorney who claims to have personal knowledge can submit two different versions of an event to the court. It would certainly hurt the attorney's credibility, unless adequately clarified. I hope you can use this to your advantage.

Tim Akpinar agrees with this answer

A: People can write whatever they want and give the document to the court clerk, who will accept it so long as it is in the right format. But, after that point, the judge and any opposing party will read it. If the information that the witness changed is material (meaning it matters from a legal standpoint), then the opposing party can use it to their advantage. The judge may also use it to determine if the lawyer is credible (believable). If the changed information is not material, it may not matter.

Tim Akpinar agrees with this answer

A: If you're asking whether attorneys could present more than one legal theory (pleading in the alternative), that is generally permissible, subject to the rules of civil procedure of the jurisdiction. Federal Rules of Civil Procedure allow it. If you're asking if someone could present different factual scenarios (as in, "If you don't believe this, then do you find this version to be more plausible?"), maybe not, especially if it casts double on material facts and raises a question of credibility. Your matter, although brief in its description, sounds like something that could be fact-specific that an attorney would want to know more about to offer a meaningful response. Good luck

A: Addendum - 'Sorry, a minute ago, I wrote, "casts double," which makes no sense. I meant to write "casts doubt," - I should have proofread more carefully. I apologize. Good luck

James L. Arrasmith
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Answered

A: If you find that your attorney is presenting two different versions of the same event to the court, it's important to address this immediately. Consistency and honesty are crucial in legal proceedings, and conflicting accounts can undermine your case. Your attorney is expected to represent your interests accurately and transparently.

There could be reasons for apparent discrepancies, such as new evidence coming to light or different interpretations of events. It's essential to have an open conversation with your lawyer to understand their reasoning and ensure that all information presented is truthful and in your best interest. Miscommunication might be the cause, and clearing it up can help maintain the integrity of your case.

If after discussing you still have concerns about your attorney's actions, you might consider seeking a second opinion or contacting your local bar association for guidance. Ensuring that your legal representation is trustworthy and consistent is vital for achieving a fair outcome. Don’t hesitate to take steps to protect your rights and interests throughout the legal process.

Tim Akpinar agrees with this answer

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