Tweet
Are there any rules under which lawyers could be punished for unethical practices such as making up false affidavits and then commissioning them? Can a voice conversation recorded secretly will suffice where a client admits that the lawyer made up the affidavit with false contents and the client just signed it?
-
-
I'm concluding that this is a Family Law document that they falsified?
Generally in Family Law, recordings, void of the fact that the persons knew that they were being recorded, are permissible in Family Law court.
However this sounds “criminal” in nature. And as such this is a slippery slope.
I have never heard of this happening, much less the individual verbally admitting to it!
http://www.canlii.org/en/on/onlshp/d...nlii42272.html
The Panel took a very serious view of the activities involved, including the swearing of false affidavits and the commissioning of false affidavits. There was some analogy to perjury. The conduct did not represent a momentary lapse in judgment. The activities were inexcusable.
This Panel therefore Orders,
1. That the solicitor be suspended for a period of three months, such period to commence on April 2, 2002.
2. The solicitor to pay costs of the Society hereby fixed in the amount of $1,500.00.
3. That before resuming the practice of law following the said period of suspension the solicitor is to enter and complete the Practice Review Program, in accordance with Section 42 of the Law Society Act.
This is but one oof dozens when I did a search.
It seems there are avenues to take care of this, I'd seek advice from the local court house on how to proceed, if that is your intention.
Comment