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In
re Holmay 239 Kan. 412 (1986)
Author: Anonymous
Facts:
Respondent forged or procured a forgery of his clients
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 Attorneys 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.
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