- November 19, 2023
- Posted by: legaleseblogger
- Category: Related News
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Ethical Issues for Legal Assistants: Dealing with Unsigned Affidavits and Instruction to Sign on Behalf of the Client
As a legal assistant with a month of experience in a law office, I have encountered a situation that has raised ethical concerns. Despite my administrative background, my limited legal knowledge has not fully prepared me for certain tasks. Recently, I was asked to print out documents, including an unsigned affidavit, and instructed to sign in cursive on behalf of the client. While this has been a routine practice in the office, I am hesitant to proceed due to ethical considerations.
The affidavit in question is a crucial document giving the law office power of attorney over a specific case or application. However, without the client’s signature, I do not feel comfortable forging it, especially since the power of attorney is contingent upon the validity of this document. This ethical dilemma has left me uncertain about my next steps, as the legal assistant who instructed me to sign has not responded to my reluctance.
How AI Legalese Decoder Can Help:
Utilizing an AI Legalese Decoder could assist in clarifying the legal language and matters involved in the document. It can provide insights into the implications of signing an affidavit on behalf of the client and help in understanding the legal ramifications of doing so. Additionally, it may offer guidance on how to navigate ethical dilemmas in the legal profession, allowing me to make informed decisions in such situations.
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Original Content:
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Rewritten Content:
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Highly unethical and would be a liability to the practice. I’d BCC the partners asking the legal assistant to confirm what you want done.
Paralegal here – I would not dothat without confirming that 1. the attorney wants this done and 2. your firm has the client’s explicit permission to sign this on their behalf. It is not unheard of for clients to give attorneys authority to sign on their behalf, but this sounds sketchy. Is there any particular reason why it couldn’t be sent to the client for electronic signature?
Attorney here: you did the right thing, but please let your attorney know immediately. I would never physically sign a clientÔÇÖs signature. I would electronically sign their signature with their consent or send it to them to sign electronically or sign my name and include my authority to sign on their behalf, but this is sketchy and IÔÇÖd be very concerned this paralegal is doing this regularly.