Insight

Simply Disgraceful: Lawyers Lie To The Courts

Simply Disgraceful: Lawyers Lie To The Courts

Roy D. Oppenheim

Roy D. Oppenheim

December 8, 2018 03:12 PM

Simply Disgraceful: Lawyers Lie To The Courts As part of the 10 year retrospective, Roy Oppenheim will be republishing blogs from South Florida Law Blog. (Originally posted FRI AUG 12, 2011 on South Florida Law Blog)

What do disgraceful lawyers and Pinocchio have in common?

In the 1940 Disney animated version of the old Italian fable, a fairy tells Pinocchio that if he wants to become a real boy of flesh and blood he must prove himself to be brave, truthful and unselfish and able to tell right from wrong by listening to his conscience.

Pinocchio does not understand what a conscience is, and Jiminy appears to explain it to him.

Does a judge need to remind a lawyer not to lie in court?

How low can you go? Oppenheim Law has long catalogued the misdeeds of the Florida foreclosure process, but the situation has fallen to a new low.

Oppenheim Law would like to remind lawyers that their duties go beyond the client and extend to the entire legal profession. It is a discredit to the entire profession when one of us, or even an entire practice area, forgets their duties and obligations.

Recently, the Florida Bar had to affirm an opinion ruling lawyers must inform the courts whenever they find out that their clients have submitted faulty or fraudulent paperwork, even if the case is already closed or if the paperwork was unlikely to make a difference to the case.

The opinion was sought by a foreclosure attorney who handled thousands of cases for a bank. He later found out the bank used improper affidavit procedures like most of the other banks and mortgage servicers in the document mill scandal. The lawyer wanted to know if he needed to inform the courts of the improper paperwork when it was unlikely to make a difference, either because the case was closed years ago or because the bank could re-file the paperwork immediately.

We would like to ask the lawyer that requested the opinion: when did you stop being an officer of the court? It is a stain upon the entire profession that a lawyer would find it acceptable enough to not inform a court of systemic irregularities that he would need to ask the Bar for an advisory opinion as to what to do.

As an officer of the court, it is an attorney’s highest duty to ensure that due process is followed and the integrity and reputation of the court and the legal profession remains intact. The quickest way to cast doubt on the legal system is through lying. That is why lawyers are obligated to report lying to the court, and why is it so shameful that a lawyer would need reminding of such paramount duties.

Just in case the advisory opinion wasn’t enough, Oppenheim Law offers a friendly reminder: Like in Pinocchio who does not understand what a conscience is, lawyers need to be told not to lie to the courts.

From the trenches,

Roy Oppenheim

Should you have any questions or would like to schedule an appointment,
contact us.

Oppenheim Law
2500 Weston Rd #404,
Fort Lauderdale, FL 33331
954-384-6114
Email: contactus@oplaw.net
Website: https://www.oppenheimlaw.com
Original Source: https://southfloridalawblog.com/simply-disgraceful-lawyers-lie-to-the-courts/

About Roy:

Roy Oppenheim is a sought-after legal expert on issues relating to real estate. In 2009, he started the South Florida Law Blog to address the real estate market and foreclosure crisis. The Blog has been voted the best business and technology blog by the South Florida Sun-Sentinel. Mr. Oppenheim has been a contributor to Yahoo! Homes, featured on HuffPost Live, FOX News, and Lifetime TV, and quoted in prominent national publications, including USA Today, The New York Times and Huffington Post. Most recently, Mr. Oppenheim hosted an Ask Me Anything on Real Estate on Reddit. Mr. Oppenheim has also co-authored two law review articles: Deconstructing The Black Magic of Securitized Trusts, and The Emperor’s New Clothes.

Mr. Oppenheim founded Oppenheim Law, one of South Florida’s leading boutique law firms in Fort Lauderdale, Florida in 1989 with his wife Ellen Pilelsky, and, in 1994, he co-founded Weston Title & Escrow, a trusted South Florida real estate title company whose multilingual staff provides personal, concierge style service in the areas of real estate closings, title insurance, title searches and escrow services.

Weston Title: https://westontitle.com/

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky