Summary of In re Holmay, 239 Kan. 412 (1986)
Facts: Respondent forged or procured a forgery of his client’s signature on a petition for dissolution of marriage, and on an application for temporary relief. He then notarized the documents, presented them to a judge, and served them on the other party.
Issue: Whether the Attorney’s actions were sufficient to invoke disciplinary actions against him?
Holding: The Respondent attorney did not have permission to sign the document and he knew forging those signature was a violation of the law.
Procedure: Director of Lawyers Professional Respon. Bd filed petition for disciplinary action against Attorney Holmay. Suspended for 30 days; fined $500.
Rule: Wilfully and intentionally filing false notarized documents, forging signatures, or executing false certificates by an attorney will result in severe disciplinary action.
Rationale: The attorney did not have permission of his client to enter her signature upon the documents, and the attorney knew the signatures were not his clients.