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ecf Declarations - Watch Out
You *cannot* have your client sign a document saying they have read
something that they did not read. Presigning documents is illegal, not
worth it, a bad habit, and will get you in trouble one day.
Avoid EFD whenever possible is the rule I would use (also remember that EFD
is mandatory if filing a voluntary petition).
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Thu, Mar 20, 2014 at 2:28 PM, Holly Roark wrote:
>
>
> I do what Mark does, generally. Having them signing ECF docs after the
> original pleading is a waste of time. I just upload their original
> signatures on the docs I file.
>
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
> On Thu, Mar 20, 2014 at 1:43 PM, Mark J. Markus wrote:
>
>>
>>
>> With the exception of the initial petition and schedules (which requires
>> like 10 different signatures) It takes just as much work to have a client
>> sign their standard declaration, or whatever pleading is needed, than it
>> does to have them sign the ECF declaration. I just have the client
>> sign, then scan their signature page and include that in the filing.
>>
>> *************************
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> *Mailing Address Only:*
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)509-1460 (fax)
>> web: http://www.bklaw.com/
>> Certified Bankruptcy Law Specialist--The State Bar of California Board of
>> Legal Specialization
>> This Firm is a Qualified Federal Debt Relief Agency
>> ________________________________________________
>> NOTICE: This Electronic Message contains information from the law office
>> of Mark J. Markus that may be privileged. The information is intended for
>> the use of the addressee only. If you are not the addressee, note that any
>> disclosure, copy, distribution or use of the contents of this message is
>> prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed
>> by the IRS, we inform you that any U.S. tax advice contained in this
>> communication (or in any attachment) is not intended or written to be used,
>> and cannot be used, for the purpose of (i) avoiding penalties under the
>> Internal Revenue Code or (ii) promoting, marketing or recommending to
>> another party any transaction or matter addressed in this communication.
>> On 3/20/2014 1:37 PM, Mark Jessee wrote:
>>
>> That creates an ethical issue. You either have the client sign the ECF
>> signature page or scan and file the actual signature page of each document.
>>
>>
>> Mark Jessee
>>
>> Sent from my iPhone
>>
>> On Mar 15, 2014, at 11:03 AM, Desiree Causey wrote:
>>
>>
>> So would be acceptable to have multiple ECF declarations signed, with the
>> clients leaving them undated, and then the attorney can use and date them
>> as needed?
>>
>> Desiree Causey
>> 714-375-6663
>> Sent from my iPad
>>
>> On Mar 15, 2014, at 10:48 AM, wrote:
>>
>>
>>
>> I was in Riverside on Thurs - Judge Saltzman. There were 6-8 motions to
>> strike pleadings on the calendar and in some cases requests to disgorge
>> fees and in one case revoke the attys employment app in a case. Michael
>> Bujold at the UST is filing these motions. He is looking at the ecf Decs
>> filed in cases and checking old decs filed in the same case to see if the
>> decs are being reused. Saltzman was granting his requests left and right.
>> I also got a call from a judge recently who told me that there is
>> discussion among the judges about the ecf signature procedures. He
>> reminded me that we are supposed to have "wet signatures" for everything
>> and keep the wet sigs for 5 years.
>> Jon
>>
>>
>>
>
>
You cannot have your client sign a document saying they have read something that they did not read. Presigning documents is illegal, not worth it, a bad habit, and will get you in trouble one day.
Avoid EFD whenever possible is the rule I would use (also remember that EFD is mandatory if filing a voluntary petition).
Sincerely, Michael AvanesianLaw Offices of David A. Tilem
On Thu, Mar 20, 2014 at 2:28 PM, Holly Roark <
I do what Mark does, generally. Having them signing ECF docs after the original pleading is a waste of time. I just upload their original signatures on the docs I file.
Holly RoarkCertified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T
The post was migrated from Yahoo.
I do what Mark does, generally. Having them signing ECF docs after the
original pleading is a waste of time. I just upload their original
signatures on the docs I file.
Holly Roark
Certified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
On Thu, Mar 20, 2014 at 1:43 PM, Mark J. Markus wrote:
>
>
> With the exception of the initial petition and schedules (which requires
> like 10 different signatures) It takes just as much work to have a client
> sign their standard declaration, or whatever pleading is needed, than it
> does to have them sign the ECF declaration. I just have the client sign,
> then scan their signature page and include that in the filing.
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office
> of Mark J. Markus that may be privileged. The information is intended for
> the use of the addressee only. If you are not the addressee, note that any
> disclosure, copy, distribution or use of the contents of this message is
> prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written to be used,
> and cannot be used, for the purpose of (i) avoiding penalties under the
> Internal Revenue Code or (ii) promoting, marketing or recommending to
> another party any transaction or matter addressed in this communication.
> On 3/20/2014 1:37 PM, Mark Jessee wrote:
>
> That creates an ethical issue. You either have the client sign the ECF
> signature page or scan and file the actual signature page of each document.
>
>
> Mark Jessee
>
> Sent from my iPhone
>
> On Mar 15, 2014, at 11:03 AM, Desiree Causey wrote:
>
>
> So would be acceptable to have multiple ECF declarations signed, with the
> clients leaving them undated, and then the attorney can use and date them
> as needed?
>
> Desiree Causey
> 714-375-6663
> Sent from my iPad
>
> On Mar 15, 2014, at 10:48 AM, wrote:
>
>
>
> I was in Riverside on Thurs - Judge Saltzman. There were 6-8 motions to
> strike pleadings on the calendar and in some cases requests to disgorge
> fees and in one case revoke the attys employment app in a case. Michael
> Bujold at the UST is filing these motions. He is looking at the ecf Decs
> filed in cases and checking old decs filed in the same case to see if the
> decs are being reused. Saltzman was granting his requests left and right.
> I also got a call from a judge recently who told me that there is
> discussion among the judges about the ecf signature procedures. He
> reminded me that we are supposed to have "wet signatures" for everything
> and keep the wet sigs for 5 years.
> Jon
>
>
>
>
I do what Mark does, generally. Having them signing ECF docs after the original pleading is a waste of time. I just upload their original signatures on the docs I file.
Holly RoarkCertified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal
Specialization
The post was migrated from Yahoo.
That creates an ethical issue. You either have the client sign the ECF signature page or scan and file the actual signature page of each document.
Mark Jessee
Sent from my iPhone
> On Mar 15, 2014, at 11:03 AM, Desiree Causey wrote:
>
> So would be acceptable to have multiple ECF declarations signed, with the clients leaving them undated, and then the attorney can use and date them as needed?
>
> Desiree Causey
> 714-375-6663
> Sent from my iPad
>
>> On Mar 15, 2014, at 10:48 AM, wrote:
>>
>>
>> I was in Riverside on Thurs - Judge Saltzman. There were 6-8 motions to strike pleadings on the calendar and in some cases requests to disgorge fees and in one case revoke the attys employment app in a case. Michael Bujold at the UST is filing these motions. He is looking at the ecf Decs filed in cases and checking old decs filed in the same case to see if the decs are being reused. Saltzman was granting his requests left and right.
>>
>> I also got a call from a judge recently who told me that there is discussion among the judges about the ecf signature procedures. He reminded me that we are supposed to have "wet signatures" for everything and keep the wet sigs for 5 years.
>> Jon
>
>
The post was migrated from Yahoo.
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
So would be acceptable to have multiple ECF declarations signed, with the clients leaving them undated, and then the attorney can use and date them as needed?
Desiree Causey
714-375-6663
Sent from my iPad
> On Mar 15, 2014, at 10:48 AM, wrote:
>
> I was in Riverside on Thurs - Judge Saltzman. There were 6-8 motions to strike pleadings on the calendar and in some cases requests to disgorge fees and in one case revoke the attys employment app in a case. Michael Bujold at the UST is filing these motions. He is looking at the ecf Decs filed in cases and checking old decs filed in the same case to see if the decs are being reused. Saltzman was granting his requests left and right.
>
> I also got a call from a judge recently who told me that there is discussion among the judges about the ecf signature procedures. He reminded me that we are supposed to have "wet signatures" for everything and keep the wet sigs for 5 years.
> Jon
>
The post was migrated from Yahoo.