In re Holmay Case Brief

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.

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