Legal Question in Legal Ethics in Arizona

Power of Attorney

A person hires or retains an attorney, at that time, the person becomes the client. The client and attorney have never met in person (face to face), all consultation and corresspondence is done by telecommunications. The question is, for an Attorney to enter documents filed with the court on this Clients behalf, does this Attorney need to have in their posession or on their file, (an actual physical paper document) from the said Client, a Power of Attorney with that clients original signature, and does it need to be endorsed by (keyword) a notary public, for authentisity?

If the answer is yes, and the Attorney DOES NOT posess this authentic Power of Attorney document, but the Attorney files entries with the court, on behalf of the client anyway . If it where to be known that the Attorney did not posess the P.of A. at the time of filing, would those entries later become null and void? and need to be refiled properly?


Asked on 10/16/04, 8:17 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Power of Attorney

When an attorney/client relationship has been established, a Power of Attorney is not necessary for the lawyer to file documents in the judicial system. That is what lawyers do. A non-lawyer requires a POA in order to sign documents on behalf of another.

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Answered on 10/16/04, 6:59 pm


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