Having a conversation with Google Gemini and asked if the following question
Find me legal cases about an attorney client committing perjury and being manipulative to the court system, especially if they were withholding facts as evidence
Also show me cases where an attorney was notified by defendant their client commit perjury and failed to do anything about it
Here are specific legal cases and outcomes concerning attorneys who use client lies (perjury) to obtain immediate restraining orders or Temporary Restraining Orders (TROs), and cases where they failed to act after being notified of the truth.
1. Cases: Using Lies & False Affidavits to Get Restraining Orders
These cases involve attorneys who were disciplined or orders that were vacated because they relied on false affidavits or "fraud on the court" to secure an immediate protective order.
In re Petition for Disciplinary Action against Joseph Kaminsky (Minnesota Supreme Court, 2024)
This is a very recent and "bullseye" case regarding your request about false affidavits in a restraining order context.
The Scheme: The attorney (Kaminsky) represented a client seeking a Harassment Restraining Order (HRO). To get the order, he needed to prove the defendant was served with papers. His office filed an affidavit of service claiming the defendant was personally served at a specific time and place.
The Lie: The defendant was not served; the affidavit was false. The attorney filed it anyway to push the order through.
The Attorney's Failure: Even after issues with the address and service were brought to light, the attorney did not investigate or correct the record. He allowed the false affidavit to stand to maintain the legal advantage.
Outcome: The attorney was suspended indefinitely (minimum 9 months) for filing the false affidavit and failing to supervise his staff/verify the truth. The court emphasized that filing false documents to "get around notice requirements" is a grave injustice.
Commissioner of Probation v. Adams (Massachusetts)
This case is often cited regarding vacating restraining orders due to perjury.
The Scheme: A plaintiff obtained a Chapter 209A abuse prevention order (restraining order) against a defendant.
The Lie: The court found the plaintiff made 19 separate false and perjurious allegations in the affidavit used to get the order.
Outcome: The court ruled this constituted "fraud on the court." Unlike a simple "he said/she said" dispute, this was a systematic attempt to deceive the judge. The restraining order was vacated and expunged (removed from the record) entirely.
2. Cases: Attorney Notified of Perjury & Failed to Act
These cases address your second request: situations where the "defendant" (or opposing counsel) notified the attorney that their client was lying, and the attorney ignored it.
The "Safe Harbor" Failure (Rule 11 Sanctions)
While not always a named "famous" case, this scenario frequently plays out under Federal Rule of Civil Procedure 11 (and state equivalents).
The Scenario: You (the defendant) serve the opposing attorney with a motion (often called a "Rule 11 Motion") listing specific lies in their affidavit. You give them 21 days (the "safe harbor" period) to withdraw the false filing.
The Failure: If the attorney refuses to withdraw the filing after being notified of the proof it is false, they become personally liable.
Outcome: Courts then sanction the attorney personally, making them pay the defendant's legal fees.
Example: Rickley v. Goodfriend (California). The court sanctioned attorneys for filing false declarations and engaging in discovery abuses, ruling that they could not hide behind their client's instructions when they knew (or should have known) the facts were untrue.
Matter of Filosa (New Jersey / Massachusetts, 2013)
The Lie: An attorney represented a client in a matter where they concealed evidence and made false statements of material fact to the tribunal.
The Notification: The attorney was aware (or was made aware by the circumstances) that the evidence he was presenting was false/incomplete, effectively hiding assets/facts.
Outcome: He was suspended for one year. The court cited Rule 3.3 (Candor Toward the Tribunal), stating a lawyer "shall not knowingly offer evidence that the lawyer knows to be false."
What to Look For (Legal Terminology)
If you are looking for cases similar to your situation to show a lawyer or judge, search for these specific legal terms:
"Fraud on the Court": This is a higher standard than just "lying." It means the perjury was so severe it corrupted the judicial process (common in vacating false restraining orders).
"Subornation of Perjury": When an attorney induces or allows their client to lie.
"Ex Parte Duty of Candor": Attorneys have a higher duty of honesty when applying for immediate restraining orders (ex parte) because the other side isn't there to defend themselves. If they withhold facts here, sanctions are much more likely.
