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Carini

10/24/14 9:18 AM

#49400 RE: hedge_fun #49399

I doubt a judge would independently investigate the truth/falsehood of statements made in an affidavit... it would be up to one of the parties to make a motion for sanctions (like a Rule 11 motion under federal laws... I don't know what the Florida equivalent would be). Also, remember that probably almost EVERY legal case involves competing viewpoints and "versions" of the facts, so what might appear to some to be "lies" by one side would probably be considered to be "differences in opinion" as long as there was some reasonable (broadly defined) factual or legal grounds to support them... But if the false statements are material and clearly, demonstrably false, and the attorney knowingly lied in an affidavit, well then that is perjury, and fraud on the court, and a violation of legal ethics, and probably a lot of other bad things. Depending on the circumstances, I imagine an attorney could get fined a bunch of money, have his client's case thrown out, etc., maybe even go to jail in very serious cases. Not to mention, the judge would probably refer the matter to the state bar for disciplinary action, which could suspend or revoke the attorney's license to practice law in the state and blemish his permanent record any time he tried to reapply for a license elsewhere.

Despite what many people think, integrity and honesty are essential to the legal profession and are taken VERY seriously by state bars. Whether they are respected as such by any particular attorney is obviously an individual matter, and of course there are lots of bad apples, but it's risky because if you get caught they tend to bring the hammer down pretty hard.