Sunday, February 27, 2011

Don't ever do this.

I read a case today about a bankruptcy attorney who totally missed it, and was sanctioned by a bankruptcy court.

His practice was to have his client come in when the paperwork was first prepared, have them read and mark up the document with all required changes, and then sign it.  They then signed another document saying they had made corrections to the draft, and that the attorney had permission to make the corrections and file the docs for them.

Of course that required him to put their electronic signature on their documents, thus saying they had read and signed the document that was filed.

AND they would have to say to the Trustee that they had read and signed the documents too.

Apparently his district requires that the actual signed pages are filed with the court after the electronic filing takes place, so when the court issued a show cause as to why he hadn't done so in several cases, he went and got signatures from his clients to file (of course signatures that occurred POST filing).

And apparently in some cases he obtained telephone permission to file electronic signatures for some clients.

I think every attorney should know that IF a document says their client read and signed it UNDER PENALTY OF PERJURY that they actually did that.

At least the attorney admitted the things he did to the court.

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