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TerriS6 (California)
Posts: 3,284
Posted:
Is it OK for the HOA's attorney to lie in writing to a state's Attorney General about why his client is not producing association records to members as required by state law?
TimB4 (Tennessee)
Posts: 21,059
Posted:
If they did, and you have proof they did, make a complaint to the bar.
ElleN (Idaho)
Posts: 4,420
Posted:
-- Review: By law, attorneys must operate in the "adversarial system." This means that they are obliged to set aside any personal beliefs they may have about what the "truth" is and put all circumstances in the light most favorable to their client. Attorneys are lawfully permitted to stretch the truth in the name of their obligation to zealously advocate for their client. Of necessity (it is argued), "truth" has to be fluid with attorneys.

-- I would say that if an owner has taken the HOA to court in the past, then the attorney will have somewhat more justification to be more zealous.

-- Judging this situation is difficult without seeing what the "lie" is alleged to be.

-- If one is not a client of an attorney's, and one submits a complaint to the California Bar, then this will be an imposition on the attorney and give him/her a bad day. The attorney will have to answer. However nationwide my understanding is that when one is an adversary of the client of the attorney, the bar instantly is less likely to believe the complainant (who of course has a bone to pick) and far more likely to see things as the attorney claims.

-- If any person insists on filing a complaint to the bar in California, then the person should identify the Rule of Professional Conduct allegedly violated. In the case of an alleged lie, I think this might be the best Rule: https://www.calbar.ca.gov/Portals/0/documents/rules/Rule_4.1-Exec_Summary-Redline.pdf

-- If one feels certain that the attorney made a "false statement of a material fact or law," then writing the attorney and explaining why xyz is a false statement of material fact or law can sometimes get much quicker results.

-- To see all the rules, go to https://www.calbar.ca.gov/attorneys/conduct-discipline/rules/rules-of-professional-conduct

-- To file a complaint, go to https://www.calbar.ca.gov/Attorneys/Conduct-Discipline
TerriS6 (California)
Posts: 3,284
Posted:
Thank you! I didn't know there was a rule.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Not enough details. What documents? What lie? Not enough to provide any information.

Former HOA President
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By TimB4 on 02/12/2024 6:46 AM
If they did, and you have proof they did, make a complaint to the bar.

Done! Thank you Tim and ElleN.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By TerriS6 on 02/12/2024 6:34 AM
Is it OK for the HOA's attorney to lie in writing to a state's Attorney General about why his client is not producing association records to members as required by state law?

Clients lie to attorneys all the time. All the attorney can do is communicate what his client advises.

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