can a lawyer be disbarred for having someone sign a legal document then days later having it noterized?

Answer 1

Notarization of documents is governed by state law, and your question does not indicate what state you are in.

Generally, however, the signer of any document must PERSONALLY APPEAR before the notary. No, the lawyer cannot give it to the notary and tell him/her to notarize his client's signature - that would be FRAUD. Attorney licenses are also governed by state law, and if this has occurred, you should contact your state's Bar Association and file a complaint (your local city or county Bar Association may also have dispute resolution programs, but the licensing will be handled at the state level). The Attorney's participation in this practice may or may not be illegal per se, but it most likely violates the Ethical Codes/Canons of your state's Bar Association.

However, the Notary is liable for any damages incurred as a result of the fraudulent notarization, as well as being subject to criminal prosecution and revocation of Notary Commission. This type of activity is taken VERY SERIOUSLY. Notary issues should be directed toward your state's Secretary of State.

Answer 2

If not disbarred, such an attorney might have his license suspended.

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Answer 3

You did not say where you live, so hopefully the information below will help you: Where do I report illegal or improper acts by a Notary? Any wrongdoing or illegal activity should be reported to the police or appropriate state Notary-regulating office (secretary of state, governor, lieutenant governor or attorney general). Or, you may write the National Notary Association's NOTARY- CONSUMER WATCH, a program to assist consumers in reporting improper practices by unscrupulous or uninformed Notaries. NOTARY-CONSUMER WATCH does not investigate crimes nor give legal advice; it is a public service program directing consumers victimized by a Notary's actions to the appropriate agency. Good luck!

Answer 4

I don't know if they can be disbarred, but they certainly could be penalized. More importantly, the notary can lose their license for falsifying documents. Contact the Secretary of State in your state immediately and report this. It's likely that the notary has falsified other documents as well. They won't know unless reported!

Answer 5

No - but the notary can lose their license.
If the person in fact signed the document, and the person is known to the attorney and the notary, notarizing after the fact is unethical, but only the notary would get in trouble.

Answer 6

In Pennsylvania, a lawyer can witness a legal document and then have the notary do a "lawyer's acknowledgement." A copy of the acknowledgement form is contained in the statute.

21 Pennsylvania Statutes §291.7 http://members.aol.com/DKM1/21PA291.html

http://www.dos.state.pa.us/notaries/lib/notaries/05_laws/uniform_act.pdf

This is also the law in the state of Connecticut: http://www.cga.ct.gov/2005/pub/Chap006.htm

In some states the act is called the "Uniform Law on Notarial Acts "
Minnesota: http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&year=current&num=358.41

Oregon: http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&year=current&num=358.41

Answer 7

That's a fairly small infraction. Unless the notary new for a fact that was the persons signature.

For instance we once filled out a form and signed it then realized that it was suppose to be notarized. We took the document to the bank, they had us sign our name on a sheet of paper to compare the signatures then notarized the document.

Answer 8

I guess that would depend on the effects of the letter.
Also if he has it notarized at a later time, the notary would break the law by stamping it.
If the notary said it was signed by the person who properly signed it, I am not sure if it is serious enough to mean anything.

Answer 9

That is definitely a questionable practice. Probably the answer is "on a case by case basis."

Answer 10

I don't know. Ask a Lawyer........But sign the paperwork in front of him.............