lawyer forged a signature?

01-22-2009, 10:20 AM

so my fiance has been trying to finish up a car accident suit for a while now. we decided we were being jerked around by the lawyer so she went and talked to another who was highly recommended. we discharged the other lawyer and today she gets a call from the new one asking if she ever authorized a settlement or signed paperwork.

it sounds like the original lawyer didn't like us firing him so he forged her signature on settlement paperwork. anyone have any ideas as to where to go from here if he did? can't he be dis-barred?

01-22-2009, 10:30 AM

Yes he can. File a claim with the state bar and save all of your paperwork for evidence. What an idiot to do that,,,to risk his license for something so casual.

http://florida.statelawyers.com/Asso....cfm/StateID:9

Blueface · 01-22-2009, 10:36 AM

Quote:

Originally Posted by Cigary

Yes he can. File a claim with the state bar and save all of your paperwork for evidence. What an idiot to do that,,,to risk his license for something so casual.

http://florida.statelawyers.com/Asso....cfm/StateID:9

First, I would get the documents in hand. Don't file with the bar until you have that.
Your new lawyer should be able to secure a copy of the executed release from the carrier involved.
Second, where did the check go?
Would have gone to his name and yours.
Should have been signed by you and then deposited into their escrow account for disbursement to them for fees and your share.

Perhaps you can stop the process with the carrier if the check has yet to be cut.

md4958 · 01-22-2009, 10:38 AM

Quote:

Originally Posted by Blueface

First, I would get the documents in hand. Don't file with the bar until you have that.
Your new lawyer should be able to secure a copy of the executed release from the carrier involved.
Second, where did the check go?
Would have gone to his name and yours.
Should have been signed by you and then deposited into their escrow account for disbursement to them for fees and your share.

Perhaps you can stop the process with the carrier if the check has yet to be cut.

he probably forged her name on the check too and just deposited it into the account...

i smell a lawsuit

bobarian · 01-22-2009, 10:40 AM

Not sure of the laws in Florida, but if he had prior authorization to settle the lawsuit or signatory powers, that could be an issue.

Gophernut · 01-22-2009, 11:00 AM

Most states have a board of professional responsiblities. This is the place to start if FL has one. This guy will lose his license to practice law if he did this. What an idiot. Good luck!

croatan · 01-22-2009, 11:08 AM

She may have authorized him to settle when she initially hired him. If so, he would have had the authority to settle and wouldn't have needed anything further. I wouldn't assume he forged her signature until you have proof.

Blueface · 01-22-2009, 11:10 AM

Quote:

Originally Posted by bobarian

Not sure of the laws in Florida, but if he had prior authorization to settle the lawsuit or signatory powers, that could be an issue.

hmmm.......
Not a lawyer but never saw that in all my years of BI handling for a major carrier.
I would think the attorney was compelled to convey all offers to his client?

Blueface · 01-22-2009, 11:19 AM

BTW,
Of utmost importance, even if a document was signed up front, authorizing such a settlement at the attorney's discretion, if said settlement came after being notified he was being replaced, I believe counsel has himself an ethical problem as that initial document would no longer apply.
At that juncture, he should have placed a lien for his services via the carriers involved and notified the new counsel.

P.S.
I am not an attorney but I did stay at a Holiday Inn Select (couldn't resist).

Blueface · 01-22-2009, 11:37 AM

One last thing.
For now, hypothetically:
If it is ultimately determined this was a wrongful act (as it is yet to be determined pending documents, etc,), aside from Bar issues, counsel will also potentially have himself some issues with the Florida Fraud Statute as it entails insurance fraud.
That is handled by the Florida Department of Financial Services, Fraud Division.
If he for some reason is a player under some other investigations, this will not be nice for him.

Best to let your new counsel handle this for you.

ucubed · 01-22-2009, 11:39 AM

Kick his poop in!!!! I'll help!!!! as for any ideas, I'd have to ask my lawyer friends if you still have trouble

01-22-2009, 12:09 PM

we are still waiting to hear back again. we just found out this morning so we are waiting to figure out if it was a miss-communication between the two lawyers. i'll keep you guy posted. if he did there will be major trouble for him. i reviewed her contract and none of it gives him the authority to settle without her permission.

there has not been a check yet, either and he was discharged like 3 weeks ago.

macpappy · 01-22-2009, 02:48 PM

Quote:

Originally Posted by Blueface

One last thing.
For now, hypothetically:
If it is ultimately determined this was a wrongful act (as it is yet to be determined pending documents, etc,), aside from Bar issues, counsel will also potentially have himself some issues with the Florida Fraud Statute as it entails insurance fraud.
That is handled by the Florida Department of Financial Services, Fraud Division.
If he for some reason is a player under some other investigations, this will not be nice for him.

Best to let your new counsel handle this for you.

How many nights did you spend at the Holiday Inn Select?

Blueface · 01-22-2009, 02:50 PM

Quote:

Originally Posted by macpappy

How many nights did you spend at the Holiday Inn Select?

26 yrs of insurance claims, litigation handling and fraud investigations. All at the same Holiday Inn Select.

CBI_2 · 01-22-2009, 06:45 PM

Dang! That's just wrong. No advice, it sounds like you have good counsel. We'll be praying for you and your fiance.

Jay Hemingway · 01-22-2009, 08:14 PM

wasn't it holiday inn "express"?

01-22-2009, 08:46 PM

Quote:

Originally Posted by Jay Hemingway

wasn't it holiday inn "express"?

i believe you are right one that one.

Blueface · 01-22-2009, 08:52 PM

Quote:

Originally Posted by Jay Hemingway

wasn't it holiday inn "express"?

Quote:

Originally Posted by barbourjay

i believe you are right one that one.

The "Select" leaves you with yet more knowledge than just an Express.

SeanGAR · 01-23-2009, 06:18 AM

Quote:

Originally Posted by Blueface

The "Select" leaves you with yet more knowledge than just an Express.

Yes, the Holiday Inn Select is a Holiday Inn Express with Select Comfort Knowledge Edition Beds. You can dial in the amount of knowledge you want to absorb while sleeping. Dial in a 7 and next day you'll be flying 747s. Dial in a 10 and you'll be performing brain surgery. Dial in a 1 and you'll be buying a $1400 waste basket for your office.

01-22-2009, 10:20 AM	#1
barbourjay Guest Posts: n/a	lawyer forged a signature? so my fiance has been trying to finish up a car accident suit for a while now. we decided we were being jerked around by the lawyer so she went and talked to another who was highly recommended. we discharged the other lawyer and today she gets a call from the new one asking if she ever authorized a settlement or signed paperwork. it sounds like the original lawyer didn't like us firing him so he forged her signature on settlement paperwork. anyone have any ideas as to where to go from here if he did? can't he be dis-barred?

01-22-2009, 10:30 AM	#2
Cigary Guest Posts: n/a	Re: lawyer forged a signature? Yes he can. File a claim with the state bar and save all of your paperwork for evidence. What an idiot to do that,,,to risk his license for something so casual. http://florida.statelawyers.com/Asso....cfm/StateID:9

01-22-2009, 10:40 AM	#5
bobarian Cranky Habanophile Join Date: Oct 2008 Location: Wine Country Posts: 8,869 Trading: (51)	Re: lawyer forged a signature? Not sure of the laws in Florida, but if he had prior authorization to settle the lawsuit or signatory powers, that could be an issue.

01-22-2009, 11:00 AM	#6
Gophernut Have My Own Room Join Date: Oct 2008 First Name: Steve Location: Hudson, WI Posts: 1,661 Trading: (15)	Re: lawyer forged a signature? Most states have a board of professional responsiblities. This is the place to start if FL has one. This guy will lose his license to practice law if he did this. What an idiot. Good luck!

01-22-2009, 11:08 AM	#7
croatan Missing Peter Join Date: Oct 2008 First Name: James Location: la Vuelta Abajo Posts: 3,727 Trading: (6)	Re: lawyer forged a signature? She may have authorized him to settle when she initially hired him. If so, he would have had the authority to settle and wouldn't have needed anything further. I wouldn't assume he forged her signature until you have proof. __________________ Fumo ergo sum.

01-22-2009, 11:19 AM	#9
Blueface Gramps 4x's Join Date: Oct 2008 First Name: Horatio Seymore Hiny Location: Boca Raton - North of La Habana Posts: 8,774 Trading: (8)	Re: lawyer forged a signature? BTW, Of utmost importance, even if a document was signed up front, authorizing such a settlement at the attorney's discretion, if said settlement came after being notified he was being replaced, I believe counsel has himself an ethical problem as that initial document would no longer apply. At that juncture, he should have placed a lien for his services via the carriers involved and notified the new counsel. P.S. I am not an attorney but I did stay at a Holiday Inn Select (couldn't resist). __________________ Little known fact: I am a former member of the Village People - The Indian Last edited by Blueface; 01-22-2009 at 11:34 AM.

01-22-2009, 11:37 AM	#10
Blueface Gramps 4x's Join Date: Oct 2008 First Name: Horatio Seymore Hiny Location: Boca Raton - North of La Habana Posts: 8,774 Trading: (8)	Re: lawyer forged a signature? One last thing. For now, hypothetically: If it is ultimately determined this was a wrongful act (as it is yet to be determined pending documents, etc,), aside from Bar issues, counsel will also potentially have himself some issues with the Florida Fraud Statute as it entails insurance fraud. That is handled by the Florida Department of Financial Services, Fraud Division. If he for some reason is a player under some other investigations, this will not be nice for him. Best to let your new counsel handle this for you. __________________ Little known fact: I am a former member of the Village People - The Indian

01-22-2009, 11:39 AM	#11
ucubed Corona Cigars Join Date: Oct 2008 First Name: Kevin Location: Orlando/Gainesville Posts: 1,571 Trading: (15)	Re: lawyer forged a signature? Kick his poop in!!!! I'll help!!!! as for any ideas, I'd have to ask my lawyer friends if you still have trouble __________________ All new Troop Support Auctions! What can you donate?

01-22-2009, 12:09 PM	#12
barbourjay Guest Posts: n/a	Re: lawyer forged a signature? we are still waiting to hear back again. we just found out this morning so we are waiting to figure out if it was a miss-communication between the two lawyers. i'll keep you guy posted. if he did there will be major trouble for him. i reviewed her contract and none of it gives him the authority to settle without her permission. there has not been a check yet, either and he was discharged like 3 weeks ago.

01-22-2009, 06:45 PM	#15
CBI_2 Have My Own Room Join Date: Oct 2008 First Name: Paul Location: In my skin. Posts: 2,066 Trading: (0)	Re: lawyer forged a signature? Dang! That's just wrong. No advice, it sounds like you have good counsel. We'll be praying for you and your fiance. __________________ "The welfare of humanity is always the alibi of tyrants." Albert Camus Cool Cigar Themed Stuff

01-22-2009, 08:14 PM	#16
Jay Hemingway I know because of KRS1 Join Date: Oct 2008 Location: Maturing in the Dunhill Havana Room Posts: 512 Trading: (7)	Re: lawyer forged a signature? wasn't it holiday inn "express"? __________________ Jay's Gallery at CubanCigarWebsite.com