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Lawyer and Judge Fraud

Discussion in 'Other Family Law Matters' started by Lewis Cypher, May 8, 2020.

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  1. Lewis Cypher

    Lewis Cypher Law Topic Starter New Member

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    Jurisdiction:
    New Jersey
    What recourse does a litigant have if his or her lawyer commits fraud in conjunction with a judge in the processing of a submitted motion to prevent their right to a modification and by cause and effect thereafter , results in the litigant committing a third degree felony as a result of the fraudulent loss of that right?
     
  2. army judge

    army judge Super Moderator

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    Your mythical PERSON possesses many rights far too numerous for me to list.

    If a person believes he/she has been the victim of a crime, the person should report the crime(s) to the applicable law enforcement agency.

    If the person is unsure of the correct agency, he/she can start with the local police or sheriff agency, and if that isn't correct, the agency will refer the person to the proper agency.

    As far as the lawyer is concerned or If you believe your lawyer has engaged in unethical conduct, you should call the following toll-free number = 1-800-406-8594 for further information.

    If you enter the five-digit zip code of the attorney's office, (in the link posted below) you will be connected to the district ethics secretary to request an Attorney Grievance Form.

    This is where you start the complaint with your NJ state courts (Office of Attorney Ethics):

    Office of Attorney Ethics
     
  3. zddoodah

    zddoodah Well-Known Member

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    Depends on all of the relevant facts and circumstances (virtually none of which are included in your post) and the applicable state law.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Committing a third degree felony is a choice. You have nobody to blame but yourself. You could have stopped short of doing it no matter what the provocation.
     
  5. Tax Counsel

    Tax Counsel Well-Known Member

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    Instead of stating an unsupported allegation of fraud, why don't you tell us what it is that this litigants attorney actually did — what act do you claim was fraud in connection with this motion — and what right to modification was affected? In what state did this take place?

    As for causing the person to commit a felony, I think that extremely unlikely. The litigant still retains his/her ability to decide to act or not act in any particular way. The court didn't tell the person to go out and commit a felony. The person made that choice on their own and having made that choice he/she ends up suffering the consequence that results. The person cannot blame his/her lawyer and the court for that.
     
    justblue likes this.

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