ecf Declarations - Watch Out
Posted: Thu Mar 20, 2014 4:07 pm
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)
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>> Certified Bankruptcy Law Specialist--The State Bar of California Board of
>> Legal Specialization
>> This Firm is a Qualified Federal Debt Relief Agency
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>> 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
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