Dirty Tactics of Dirty Lawyers
Written by: Rob
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If you’re involved in a court case and seem to be getting shafted with injustice repeatedly, here are some things to watch out for in opposing counsel. In high-conflict litigation, it appears to be more common for the plaintiff’s lawyer to be “ethically challenged”, although certainly not all are. (It is certainly possible for the defendant’s attorney to be unethical, also.) If you are represented by counsel, point out behaviors like those below to your attorney as you may be able to better recognize them with your one case (or few cases, for some unlucky folks) than an attorney who may be handling dozens of cases for dozens of clients at the same time.
If you are self-represented (Pro Se or Pro Per), you have to be particularly on the lookout for these behaviors and bring the judge’s attention to them if you are to have any chance of getting them to stop.
Examples of Dirty Tactics in Litigation
- Failing to serve papers on opposing parties before hearings
- Repeatedly mailing important court documents to the wrong addresses
- After mailing papers to a wrong address to avoid service, then lying in court claiming postal regulations changed to explain away misconduct
- Misusing ex-parte hearings for non-emergency situations to gain a tactical advantage
- Repeating client’s lies even though the attorney should know something is amiss (unless of course he or she does not know they are lies, in which case perhaps the attorney is more careless and/or stupid than unethical)
- Lying in court about information known first-hand to attorney
- Discriminating against Pro Per (self-represented) opponents by refusing to communicate via means typically used with other attorneys
- Refusing to discuss issues (“meet and confer”), even after documents were personally served on him or her
- Falsely portraying Pro Per litigant’s attempts to civilly resolve issues via letters, email, or conversations as “harassment”
- Misleading the judge about opponent’s level of cooperation, especially by using lies and exaggerations
- Refusing to discuss client’s court order violations to get them corrected without having to go back to court
- Writing inaccurate court orders, especially when biased to client’s position
- Spinning and distorting opposing side’s unwillingness to agree to inaccurate and biased court orders
- Acting as if he or she doesn’t know the rules, possibly to cover for his or her client’s misdeeds or himself or herself breaking the rules
- Stating that he or she has not seen documents that were personally served on the attorney plenty of time before a hearing
- Making a big deal out of something and then failing to include related exhibits in court filings even when they are mentioned in the text
- Can’t keep basic facts straight in verbal statements in Court, resulting in Court being misled and judge making poor decisions
- Lying to court clerks, claiming he or she was not properly noticed a hearing and then refusing to attend
Judges are often even more incapable than the litigants and attorneys of seeing these dirty tactics, so you must point them out or else they will continue to be used to your disadvantage. If you cannot get the attorney to stop these behaviors, push for sanctions against the attorney. Fines and reprimands from the court may motivate an unethical attorney to stop victimizing you.
Some attorneys have trouble dealing with other attorneys who are so unethical. In such a situation, you may be well-advised to change attorneys as you will be at a major disadvantage if an unethical attorney is given free reign to lie, distort, manipulate, and break the rules.
This is exactly what two lawyers pulled on us in a divorce hearing. They used the abuse that caused the divorce against both parties. Keeping the wife afraid of the husband, putting a 5 year restraining order on him so she thinks he is trying to hurt her. Turning facts into scary details, using fear to keep wife silent. After so many things going on the wife started watching but was afraid to speak out. Divorce drug on for so long, and wife had no support, so she was so willing to get it over with she didn’t know what to do. Fear, pain, and hardship was so brutal that both parties became unable to function. They were too afraid to speak to the other, fear tactics as in making the wife think her husband and his family are stalking her, but the stalking was being done by someone more familure with her fear… someone she trusted, and confided in… as a result, she was taken advantage of and put in positions that she didn’t know how to get out of. By the time divorce happened, the attorneys’ involved had both parties begging for it to be over, even at the expence of loosing everything they had, and now needing to file bankruptcy… this was told to the wife as they were entering divorce court.
She was taken to another part of the court house, away from hearing her husband disputing his lawyers actions. At which point the husband left the court house. When he returned to the court house, and both parties were in court, both attorneys, then asked the couple if they were happy with the attorney’s performance… neither client was aware that the other was not, both tired and not understanding how the other could be so dirty… and just needing to rest from all the stress, both parties answered yes, just to be released from the pain of divorce. Dirty is not the name for this, it’s down right criminal… and then you rest and back to court you go, but it isn’t easy to correct what has happened… No lawyer wants to represent you against another lawyer… so you have to do it yourself… and now you are so afraid of the law, you don’t know what to do… This did happen, and I am in the process of trying to fight it… I was stalked, blackmailed and now being punished to go away, by lack of concern for my safety or my well being… support is being held up, lawyers are lieing for each other, and all I wanted was to get my husband help for his illness, and to get away from the abuse it was causing. wish I had been of clear mind to see what was going on, but I wasn’t. I suffered beyond belief…Stress caused heart problems, and medical bills, but attorney made jokes of the hardship… cancellation after cancellation… even delaying the filing after, and no way of getting in touch with him for 3 months after divorce… neither lawyer wanted to talk to either client… just go away now, and be happy with your good deal! Yeah that’s what they want… don’t doubt this happened, it could be you, and there is no where to get help… I have read every article I can read, I never sleep, and I write and study to find a way to justify the wrongs of two greedy lawyers… Justice for all my ass…
I am currently trying to find a way to end my divorce that has been going on for more than 2 years. I was recently discharged from the military last month and I have been with my current attorney Daniel J. Martin of 50/50 law in San Diego, Ca. I have NO children with the person I am trying to get divorced from. In the beginning my lawyer told me that I could get divorce in a couple of months. Throughout these 2 years I find myself over $7,000.00 in debt to my lawyer, paid spousal support for about 6 months because my lawyer claims it’s a 12 year marriage and was garnished from my pay while I was on active duty (defending the nation). My soon to be ex (I hope) hired Bernard Shoeps out of Torrance, Ca. I have no longer a house I owned, paid spousal support, had my wages garnished for spousal support, and I am stuck with the bill for her lawyer, while she is still working and I am now unemployed. Can anyone help me out there. This is causing post traumatic stress on me. All I want is my divorce without having to pay her spousal support, since no ties bind us other than the house I used to own with her. One last thing, her lawyer backdoored me on my retirement funds that I was saving, but I will not be able to retire from the military, so now I have to give her 1/2 of my savings (retirement) and will get penalized for early withdrawal from the institution.
you need to get informed… read your states laws, and fire attorney. Talk to your government and see where you stand. I am not a lawyer, nor would I want to be… I just know that you have a right to hire and fire anyone for service… do your own research. Educate yourself… don’t in trust your life to a actor. Time is of the essence, you are in charge if you think your being done wrong. I am not giving legal advise, just stating what I would do..
In Massachusetts these behaviors are tolerated and encouraged … it promotes adversary and keeps the $$ flowing in to the legal system. i.e. lawyars, courts, judges, court personnel, etc. As another person wrote, it is criminal and, in Mass., the judges, attorneys and court personnel are criminals, they break the law everyday. State government is also criminal because they refuse to act to ensure laws are upheld. Why do they do this? It keeps the federal dollars rolling in. The courts are not concerned about the “best interest of the children” or the parties, only the money.