Friday, February 12, 2010

Effect on case ---lawyer filing personal false affidavit as flimsy pretext for his nonappearance on hearing ?

lawyer filing personal false affidavit (detected %26amp; confirmed by Supreme Court) as a flimsy pretext for non-appearance and his failure to file written statement/rebuttal on time in court,,what are consequences on client's case? What's the remedy??





for more details, go to


http://www.worldlawdirect.com/forum/miscellaneous-topics/19414-consequences-my-case-my-lawyer-filing-false-affidavit.htmlEffect on case ---lawyer filing personal false affidavit as flimsy pretext for his nonappearance on hearing ?
Here's the answer, but admittedly I didn't read the whole link. Shouldn't make any difference though.





First, the attorney had committed perjury. He can be arrested and/or sanctioned by the bar association..





Second, if the attorney's false affidavit or failure to file a written statement on time caused you to lose your case, you may have a malpractice action against your lawyer. You'll just have to prove that you would have won your case if your attorney had acted correctly and he will have to pay to compensate you for any losses you caused (including the amount you would have won in the initial case).





If his slip-ups didn't cause you any damages you won't be able to recover anything. You can still point out his perjury to the court and inform the local bar association about it. The bar will investigate, and should sanction him in some way. It may just be a public or private censure, but it could be a license suspension.Effect on case ---lawyer filing personal false affidavit as flimsy pretext for his nonappearance on hearing ?
Sorry, didn't realize you were in Pakistan. I can tell you that in the US you can file petitions to have the case reheard. Judges will grant these sparingly, but in cases where a substantial injustice has occurred it is allowed. You might have a shot this way because it wasn't your fault you lost

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