united-states civil-procedure court new-jersey
Is it unethical to file a claim against an attorney who lied?
<p>Is it unethical to file a claim with the American Bar Association against the attorney of the opposing party when the attorney lied in court to tip things in his favor (e.g, made a false statement of fact)?</p>
<p>What if the Judge ultimately rejected the attorney's claim?</p>
<p>Is it wrong to bring it to the attention of the judge or do judges frown on such things (since the attorney is representing the other party)?</p>

<blockquote>
<p>Is it unethical to file a claim against an attorney who lied?</p>
</blockquote>
<p>No. It is actually <em>encouraged</em> if the claimant can submit proof of attorney's misconduct. The grievance is to be filed in the <a href="https://www.njcourts.gov/attorneys/ethics" rel="nofollow noreferrer">claimant's jurisdiction</a> rather than with the American Bar Association.</p>
<p>An attorney's lies may be severe enough to constitute <em>fraud on the court</em> and possibly warrant disbarment. See <a href="https://www.leagle.com/decision/1991420122nj298180" rel="nofollow noreferrer"><em>Matter of LaRosee</em>, 122 N.J. 298, 311 (1991)</a>.</p>
<p>The real question from a practical standpoint is whether the Disciplinary Review Board and related entities will follow through or be unduly lenient about that attorney's misconduct.</p>
<blockquote>
<p>What if the Judge ultimately rejected the attorney's claim?</p>
</blockquote>
<p>That does not reduce the impropriety of the attorney's misconduct. The so-called &quot;zealousness&quot; with which lawyers advance their clients' position does not justify indulging in dishonesty <em>devised</em> to result in miscarriage of justice.</p>
<blockquote>
<p>Is it wrong to bring it to the attention of the judge or do judges frown on such things (since the attorney is representing the other party)?</p>
</blockquote>
<p>No. Judges generally are not up-to-date about attorneys' misconduct. Putting them on notice might frustrate a crook's further attempts to mislead the court in that and other cases the judge presides.</p>
<p>By not reporting a crook, the public remains exposed to risks from that lawyer's pattern of misconduct.</p>
