Legal Question in Business Law in California

signature verification

What is the language used when an attorney is verifying an individual's signature?


Asked on 7/06/08, 11:58 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: signature verification

I think you misunderstand what a verification is.

A verification deals with the truthfulness of information, not the authenticity of a signature. For example, written responses to interrogatories have to be verified by the party to whom they were directed (unless the consist entirely of objections). The verification is a document signed by the party in which she states under penalty of perjury that the answers are based upon her personal knowledge and that they are true and correct to the best of her ability to make them so. Her signature is her formal adoption of the responses.

The signature thus is what does the verifying. It is not what is verified. Additionally, the attorney does not verify that the party has signed the document. Instead, the party verifies that the responses drafted by the attorney are complete and correct.

If you need to document the authenticity of a signature you should go to a notary public. That is what notaries do.

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Answered on 7/07/08, 12:21 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: signature verification

I agree 100% with Mr. Hoffman's answer. There is one other concept you might be thinking about that he didn't cover, however. In some instances, an attorney can verify a document, such as a discovery response, himself, instead of having the client do it. An attorney may, for example, verify an answer to a verified complaint, although it is far preferable to have the client do so; loss of attorney-client privilege may result if the attorney signs to verify the truth of matters alleged in an answer.

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Answered on 7/07/08, 2:12 pm


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