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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29651
Experience:  Texas lawyer for 29 years in Estate law
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What is the effect of an attorney signing the verification

Customer Question

What is the effect of an attorney signing the verification on an Answer to a verified complaint? Is it typical ...
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Thanks for your question and good afternoon.

He is certifying that he has personal knowledge of the facts contained in the answer and any affirmative defenses..It is unusual because usually the lawyer lacks personal knowledge and has the client sign it.But it is certainly possible for him to sign it assuming he has personal knowledge of the facts in it as he has sworn to.You may want to review it if this if you are on the other side to see if he indeed has personal knowledge.It can be challenged on that basis in court.

It has been my pleasure to assist you today.Please let me know if you have more follow up.Thanks again.

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.

 

 

 

This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.

RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29651
Experience: Texas lawyer for 29 years in Estate law
RayAnswers and 4 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

The relationship with the lawyer has been filled with missed deadlines etc etc .. the complaint became the response ... The response is due today .. yesterday on a call I was told I would basically not get to review the response which was ridiculous but with about 18 hours to get a response done, I had no choice nor was I given one really.


 


I have no idea why he'd want to sign the response because his knowledge of the case in my opinion isnt what it should be after almost 6 months of procrastinating doing nothing ... I know it's very unusual for me not to see the response, how is the verified response sent .. I know it needs to be notarized ... how can it be sent ? How can't it be?

Expert:  RayAnswers replied 1 year ago.
It is possible here for the lawyer to e-file it in some situations.Here if the lawyer is comfortable signing it then he assumes the liability because he is claiming he has personal knowledge.

And getting it timeley filed is usually critical so he may be trying to get it on file.It is usually possible to amend one once it has been filed so he may add your signature here with an amended one later on.

I cannot say this has never been done but as you state the lawyer here has probably been less than diligent in getting it completed.As long as he gets it filed either by email, in person, or fax and complies with the local rules you should be fine.

Thanks for letting me follow up.I am so sorry you have had problems.You have the option to change lawyers here if you choose.
Expert:  RayAnswers replied 1 year ago.
DC courts here allow for E-filing.This maybe how he is planning on getting it filed.

http://www.dccourts.gov/internet/documents/06-17.pdf

Thanks for your patience while I researched this for you.Good luck with your case here.
Expert:  RayAnswers replied 1 year ago.
Thanks so much for letting me help you today.If you have another new question please post it for Ray and I will be happy to help.Thanks again for your rating as well.

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