Can lawyers lie in closing arguments?

[runfast5]

I am deciding whether or not I can appeal for higher damages after my trial at the end of may........Things were going very well and then the attorneys defending the interests of the insurance company for their young client lied about my work history, financial and tax history to make me appear to the jury as a gold digger!................Is this allowed?...............

 

[Michael Wechsler]

I am deciding whether or not I can appeal for higher damages after my trial at the end of may........Things were going very well and then the attorneys defending the interests of the insurance company for their young client lied about my work history, financial and tax history to make me appear to the jury as a gold digger!................Is this allowed?...............

A lie is not allowed. Is it unheard of, no. Do you have an ability to appeal? Maybe but it will be tough and I don't know the court you are in nor the rules. If you want to appeal for higher damages, you will at least need to provide both proof of the lie and that, had it not happened, it could have significantly changed the amount of damages in the case. Generally in appeals you must introduce new facts (or show that a clear error of law exists.) Note that many plaintiffs feel this way and the cost of an appeal may not nearly be worth it. Chances are you'll be paying for it if this was a contingency case and if the attorneys don't think it's worthwhile. Discuss this with your attorney.

 

[dee_dub]

I'm curious about how they lied. Opposing counsel is entitled to paint your work history in as favourable or unfavourable a light as they choose, but they cannot misrepresent it. If they "made you look like a gold digger", that may not be a lie - that may just be artful presentation of the evidence. You are entitled to present the facts differently.

But to your question - I agree with the good Professor, and I would add that appealing jury trials can be difficult. You often need to show something along the lines that the judge gave improper jury instructions, or should not have allowed certain evidence before the jury.

 

[PILawGirl]

Leave it alone. Artful presentation more often than not, has some truth to it....

 

[Michael Wechsler]

PILawGirl knows all about sly medical malpractice lawyers. If she says you probably want to leave it alone, I'd say that's a darn good recommendation unless you have a serious jaw dropper.