No announcement yet.

Lawyer misleading the court

  • Filter
  • Time
  • Show
Clear All
new posts

  • Lawyer misleading the court

    From my understanding a lawyer can not mislead the court.

    On my case conference her lawyer asked for an extension because the client was in rehab which is not the case

    Who would I report this issue too?

    Sent from my Pixel 3a XL using Tapatalk

  • #2
    Is it possible the client's lawyer lied to them? Or did the lawyer know he/she was misleading the court?

    If the lawyer knows they are lying to the court, this could be misconduct and the law society (their regulator) can discipline them for it. But you need this proof which I'd be surprised if you had.

    However, if the lawyer was lied to by the client, that's not something a lawyer can likely get in trouble for. The reality is every case involves two people with two different narratives, disciplining lawyers for putting forward different facts would lead to one lawyer always being in trouble... which doesn't make sense. Also, people lie, and lawyers aren't investigators.

    Finally, even if you had evidence the person was not in rehab, this might not be sufficient. If there is an explanation that could reconcile your evidence with the client's assertion they are in rehab, the lawyer must take the latter unless it is obviously false.

    Your remedy might be to bring it up at the next appearance and ask for costs for the previous wasted appearance. If costs were incurred. But the person to complain about is your ex, not the lawyer.
    Last edited by Kinso; 04-12-2021, 03:27 PM.


    Our Divorce Forums
    Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.