In Oklahoma Professional Conduct Rule 3.3(a) requires the lawyer in dealing with a tribunal to (1) not make a knowingly false statement; (2) not fail to disclose a fact to avoid a criminal or fraudulent act of a client; and (3) not offer knowingly false evidence.
If an attorney presents a Note and Mortgage to the Court, and there is no endorsement on the document, and later the attorney CREATES an endorsement for his client and presents THAT to the Court, hasn't the attorney knowingly offered false evidence? After all, he did create the endorsement.
Can an attorney rely upon his client's statement about an endorsement in order to prepare one for the client?
This is an interesting problem for an attorney in today's climate - after all of the revelations about robo-signing and forgeries that have come to light. Today too many mortgage companies are attempting to foreclose on individuals when they can't even prove they have a legal interest in the entire process.
It is my opinion (for what it's worth) that no attorney should ever take his client's word at face value - especially when a little investigation would reveal the truth of the matter. Of course I'm open to listening to opposing opinions, so long as they are well reasoned and can be legally supported.
Talk to me.
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