You guys, I was just in court. I'm handling a divorce pro bono. My client and his spouse decided to reconcile, so opposing counsel and I discussed and confirmed that we would concurrently file motions to voluntarily dismiss. (She filed the petition for dissolution of marriage; my client filed a counter-petition). We discussed this a month, 2 months ago. As of last week, opposing counsel hadn't drafted his motion or gotten his client to sign it. Yesterday, I met with my client and had him sign the motion and accompanying affidavit, and I had our assistant notarize it. It's my understanding that it has to be notarized under my state's rules of civil procedure.

My client told me that as of yesterday morning, his spouse's attorney still hadn't sent her anything to review or sign, and that she couldn't get it signed in time for today's hearing because she was out of town.

This morning, opposing counsel had a "signed" motion, which he told me he intended to file today. I said, "And that is your client's signature? When I met with my client yesterday morning, he told me that his wife hadn't yet signed your motion." Opposing counsel says, "Yeah, she came by my office late yesterday and signed it." So I says, " Look, I'm not trying to imply anything untoward, but my client also told me yesterday that his wife is out of town for the entire week working, and so... did she really sign your motion?" He said, "Don't worry about it, we'll just get a status date in a month and we'll notice our motions up for that date." Fine with me.


After the hearing, he took a step back from his earlier statement that she'd stopped by his office to sign and told me that she'd given him permission to sign on her behalf. I said, "If she did, that's fine, but doesn't her signature also have to be notarized?" He said, "yeah, I'd prefer to do it that way, too." OKAY. Because, as an attorney, you get to decide which rules of civil procedure you'll follow and which you won't. /NOT.

Sorry for the long, probably boring story. My mind is just totally blown by that whole exchange. Dude could get in trouble if he is actually signing pleadings on behalf of clients and they haven't given him permission. I actually don't know if he can sign even if they do give him permission. I have never done that or had opposing counsel try to do that.