In regards to a case for declaratory judgement: a lawyer is acting as the plaintiff. Files a lawsuit that a contract he entered to was altered after the fact.... provides no proof. If it goes to court and the lawyer loses the suit is he guilty of perjury.... and can the defendant complain to the bar on behalf of his court accusation. or are the statements in the lawsuit viewed merely as "opinions" and not fact until proven.
There are a couple of issue here. Perjury is a criminal charge and prosecutors make the ultimate decision on whether to charge someone. Perjury applies to a false statement made under oath. That would be testimony or a declaration made under oath. If a lawyer was claiming that a contract he entered into was altered after the fact. Presumably his own testimony on the fact would be evidence that the altered contract was not the one he signed. That is proof. Even if he loses the case that does not make anything he said automatically false or perjury, it simply means he did not prove the elements of his case. Lastly, perjury charges are rarely brought. Based on your scant facts you have not shown where anyone made a statement under oath that has been proven to be false.
I should have been more specific b/c I was also under the impression that "under oath" also meant a signed affidavit, etc. When someone files a lawsuit they state their case and evidence in the document filing the suit. "I am filing this lawsuit to seek my contract invalid b/c it was altered after the fact" I didnt know if that document was also considered "under oath". I mean can you file a lawsuit and make up some stuff in there, and then if it goes to court simply say "oh I take it back", or provide absolutely no proof... and have no repercussions if you alleged it in the initial suit? It would seem a lawyer would be somewhat bound to his word in a lawsuit, or at least face some potential complaints to the bar. So that's what I'm asking about. I appreciate your reply.
It depends. Some court documents are filed under penalty of perjury... others are not. Usually your pleadings are not themselves filed under penalty of perjury. But, as you mention if there is a signed affidavit that is signed under penalty of perjury then, of course, it is under oath and subject to a perjury charge if false. I think the key point is that merely losing a case does not make the statements you made false. So even if he files a case and there are statements under oath and you lose it does not necessarily mean perjury was committed or proven.
Thank you, this clarifies a lot. How do you know if it was filed under penalty of perjury ? Where will it say on there?
It usually says those very words: "under penalty of perjury" Usually in order for a statement to be considered as evidence, one would need to be sworn "under penalty of perjury" to testify, or offer a declaration/affidavit "under penalty of perjury". I would not look at an initial filing in a case and think you are going to find perjury just because you think it is false. That is the whole point of a trial. Half of the people involved in lawsuits lose so there would be a lot of briefs and other filings that end up on the losing end. That does not mean the positions articulated and presented are perjury. Hope that all helps you out some.