Unbeknownst to many lawyers, numerous jurisdictions - including New York and California - have statutes on the books that single out lawyers who engage in deceit or collusion. In nearly all of these jurisdictions, a lawyer found to have engaged in deceit or collusion faces criminal penalties and/or civil liability in the form of treble damages.
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Feb 27, 2010 · Unbeknownst to many lawyers, numerous jurisdictions - including New York and California - have statutes on the books that single out lawyers who engage in deceit or collusion. In nearly all of these jurisdictions, a lawyer found to have engaged in deceit or collusion faces criminal penalties and/or civil liability in the form of treble damages.
At least twelve jurisdictions — including California and New York — have statutes on the books that single out lawyers who engage in deceit or collusion.17In nearly all of these jurisdictions, a lawyer found to have engaged in such action faces criminal penalties, civil liability in the form of treble damages, or both.
Attorney Deceit Statutes: Promoting Professionalism Through Criminal Prosecutions and Treble Damages Alex B. Long* Unbeknownst to many lawyers, at least twelve jurisdictions including New York and. How It Works
Unbeknownst to many lawyers, numerous jurisdictions - including New York and California - have statutes on the books that single out lawyers who engage in deceit or collusion. In nearly all of...
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Courts in the United States must have two kinds of jurisdiction to hear a case, personal jurisdiction and subject matter jurisdiction. Subject matter jurisdiction refers to whether a court can hear a case on a particular subject and is usually pretty clear. Personal jurisdiction, on the other hand, refers to whether a court has power over ...
Personal jurisdiction, on the other hand, refers to whether a court has power over the person being sued and can be difficult to determine. The basic concept behind determining personal jurisdiction is evaluating whether courts in that state have a vested interest in you and a right to make binding decisions over you.
Courts in the United States must have two kinds of jurisdiction to hear a case, personal jurisdiction and subject matter jurisdiction. Subject matter jurisdiction refers to whether a court can hear a case on a particular subject and is usually pretty clear. Personal jurisdiction , on the other hand, refers to whether a court has power over the person being sued and can be difficult to determine. The basic concept behind determining personal jurisdiction is evaluating whether courts in that state have a vested interest in you and a right to make binding decisions over you.
Subject matter jurisdiction refers to whether a court can hear a case on a particular subject and is usually pretty clear. Personal jurisdiction, on the other hand, refers to whether a court has power over the person being sued and can be difficult to determine. The basic concept behind determining personal jurisdiction is evaluating whether courts ...
Domicile/Place of Business: Domicile or residence in a state is enough to give courts in that state jurisdiction over you. This also applies to wherever you establish your place of business. In practice, this means that even if the incident took place in another state or even in another country, you can always be sued in ...
Sporadic or Casual Activity and Related Lawsuits: Even a defendant whose activity in the state is sporadic, or consists only of a single act, may be subject to the personal jurisdiction of a court in that state when the lawsuit relates to that activity or act.
A final form or jurisdiction is called in rem jurisdiction, which gives a court jurisdiction over things (usually property) as opposed to people. This relates to personal jurisdiction because even if a court couldn't otherwise have personal jurisdiction over you, it may have jurisdiction over a piece of property you own. This means that if you own property in another state, even though you could not otherwise be sued there, the court does have jurisdiction over your property which in effect gives it power over you.
What most people think of as a “fraud” is known in the law as an intentional misrepresentation or deceit. An intentional misrepresentation occurs when “a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract” makes “ [t]he suggestion, as a fact, ...
Intentional misrepresentation requires the following elements: 1 That the defendant represented to plaintiff that a fact was true; 2 That defendant’s representation was false 3 That defendant knew that the representation was false when he/she made it 4 That defendant intended that plaintiff rely on the representation; 5 That plaintiff reasonably relied on defendant’s representation; 6 That plaintiff was harmed; and 7 That plaintiff’s reliance on defendant’s representation was a substantial factor in causing his/her/its harm.
Scott Talkov is a real estate lawyer, business litigator and bankruptcy lawyer in California. He founded Talkov Law Corp. after of experience with one of the region's oldest law firms, where he served as one of the firm's partners. He has been featured on CNN, KCBS, and KCAL-9, and in the Los Angeles Times, the Orange County Register, the San Diego Union-Tribune, and the Press-Enterpise. Scott has been named a Super Lawyers Rising Star every year since 2013. He can be reached about new matters at [email protected] or (844) 4-TALKOV (825568). He can also be contacted directly at [email protected].