My question relates to legal practice in the state of: ohio
If a complaint and memo contra to a motion to dismiss have 'misrepresentations' of claims/facts, does the attorney have an obligation to correct the misrepresentations/facts when he discovers during his client's depositions that the original claims were grossly inaccurate and have no legal basis?
Here is some more information if needed: 3 defendants(ex girlfriend of plaintiff and her parents), one plaintiff. Complaint states that defendants collectively gave verbal promise to repay an alleged loan on 1/1/2009 and defrauded plaintiff by never having the intention of repaying the loan on that same date. Complaint states all 4 people were partners on the purchase and sale of a house and were to share profits equally, so defendants are being collectively sued for fraud, breach of contract, and unjust enrichment. However, during depositions, Plaintiff states he never loaned the parents money, were never partners with them, they never defrauded him ect. He states money was only given to girlfriend. He states the only conversation he had with the parents on any of this was after he and girlfriend broke up(3 years after the alleged loan) and claims they told him that he would get his money back(statute of frauds should take care of that even if it was true). I am not an attorney, but I always assumed that an attorney would do his due diligence and know the facts of the case before filing a lawsuit with 2-3 years of stress on the parents without any penalty. The boyfriend/girlfriend have lots of claims against one another, but if the complaint ect contained the true facts, most likely, the parents would have been dismissed early instead of having to goto pretrial today. Would a portion of rule 11 apply here? Thanks for any help/advice.
If a complaint and memo contra to a motion to dismiss have 'misrepresentations' of claims/facts, does the attorney have an obligation to correct the misrepresentations/facts when he discovers during his client's depositions that the original claims were grossly inaccurate and have no legal basis?
Here is some more information if needed: 3 defendants(ex girlfriend of plaintiff and her parents), one plaintiff. Complaint states that defendants collectively gave verbal promise to repay an alleged loan on 1/1/2009 and defrauded plaintiff by never having the intention of repaying the loan on that same date. Complaint states all 4 people were partners on the purchase and sale of a house and were to share profits equally, so defendants are being collectively sued for fraud, breach of contract, and unjust enrichment. However, during depositions, Plaintiff states he never loaned the parents money, were never partners with them, they never defrauded him ect. He states money was only given to girlfriend. He states the only conversation he had with the parents on any of this was after he and girlfriend broke up(3 years after the alleged loan) and claims they told him that he would get his money back(statute of frauds should take care of that even if it was true). I am not an attorney, but I always assumed that an attorney would do his due diligence and know the facts of the case before filing a lawsuit with 2-3 years of stress on the parents without any penalty. The boyfriend/girlfriend have lots of claims against one another, but if the complaint ect contained the true facts, most likely, the parents would have been dismissed early instead of having to goto pretrial today. Would a portion of rule 11 apply here? Thanks for any help/advice.
Professional Conduct: Does a Lawyer Have a Duty to Amend a Complaint That Contains False Allegations
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