"Sgloom" <sgloom@yahoo.com> wrote in misc.legal.moderated:
My sister is going through a difficult divorce, and her husband is
apparently trying to do anything he can to cause her as much grief as
possible. Yesterday he made some statements to his own lawyer
indicating that I am guilty of some unspeakable crime, which is
absolutely untrue,
His statements to his lawyer are privileged. Unless he tells the
lawyer about some crime he is planning to permit, his lawyer cannot
reveal what he said. Therefore you have not been damaged.
What legal device is in place that prevents
people from making up completely fabricated statements in order to
gain advantage in divorse court?
Perjury is rather a serious crime.
I am not even involved in any way
with the strife between my sister and her husband. The only thing I
have done is be supportive of my sister during this difficult time.
Advice?
If your brother-in-law has made false statements under oath, go to
the city prosecutor. If anything is to be done, it will be by
him/her and not by you or your lawyer.
(If you were damaged by false statements made almost anywhere else,
you would see your lawyer about suing your b-i-l for slander or
libel; but statements in court are generally shielded from libel and
slander laws.)
On the other hand, if the "false" statements are matters of opinion,
then you have probably not been slandered or libeled and there's no
question of perjury. Examples of opinion statements could be that
you're a control freak, or that you don't know how to raise your own
children or keep a stable marriage -- whether these are actually
opinion or actionable "fact" statements may vary from one state to
another, and if something is borderline you may want to post some
specifics or consult your lawyer.
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com
