what are the consequences if a lawyer asks you to forge a signature

by Ella Gottlieb PhD 10 min read

It is illegal for an attorney to forge your signature. An attorney can generally only sign for a client when that client gives their express consent, with the attorney acting as the client's agent, and then only on certain documents, and even then I would advise against this.

Full Answer

What are the consequences for forging a signature?

What Are the Consequences for Forging a Signature? Consequences of forging a signature vary based on relevant federal and state laws and what documents were signed with the fake signature. In most circumstances, forgery is a felony. Courts may sentence people found guilty of forgery to pay a fine or restitution or to serve prison time.

What to do if someone forged your signature on a contract?

You can go to the police and file a complaint. Forging a signature is a crime. Then, if someone tries to hold you to the contract, you can share the complaint with them. If they still try to hold you to the contract, and they sue you, you will have to deal with the dispute over the signature.

Is it legal for someone to forge my signature without my consent?

Finally you can press charges and file a report with the police. In this case you better have a good amount of evidence when you bring this to the police. Originally Answered: Is it legal for someone to forge my signature without my consent? It depends on what you mean by “forge.”

What happens if you get caught with a fake signature?

Consequences of forging a signature vary based on relevant federal and state laws and what documents were signed with the fake signature. In most circumstances, forgery is a felony. Courts may sentence people found guilty of forgery to pay a fine or restitution or to serve prison time.

Is it a misrepresentation to the court?

Probably not, but it is a misrepresentation to the Court. First things first, you are going to have to retain another attorney; you do not want to have any attorney who has told you he/she does not want to represent you anymore. You are not going to trust anything that attorney tells you.

Is forgery a felony?

No, forgery is forgery, a felony. Talk to the judge or hire a lawyer to talk to the judge for you.

What are the penalties for forgery?

But most penalties for forgery will include a combination of restitution and jail time, the length of which depends on the severity of the crime. First offenses for smaller amounts of money will receive the more lenient sentencing. No matter how small the crime, though, a person convicted of forgery will have felony criminal record.

What is the crime of forging a check?

Forgery is commonly thought of as the white collar crime of signing another person's name to a document, like forging signatures on a check, for instance. But the actual definition of forgery is much more complicated than that, and the penalty for check fraud and the penalty for check forgery aren't as cut and dried, either.

Is a check a forged document?

While checks are the forged document most people are aware of , there are many other types of documents and instruments that are commonly forged and counterfeited. Forgery is a type of fraud that carries many of the same penalties as counterfeiting because the three crimes often overlap. The penalty for forgery can vary a great deal depending on ...

Is counterfeiting the same as fraud?

Forgery is a type of fraud that carries many of the same penal ties as counterfeiting because the three crimes often overlap. The penalty for forgery can vary a great deal depending on many factors, like the severity of the crime, the extent of the crime and whether or not it was committed on a national level.

Is forgery a federal crime?

Creating, forging or altering almost any document, for the intent of fraud or making money, is considered forgery and is subject to state and sometimes federal laws and penalties for individuals caught forging federal documents.

Why is it bad to affix a signature to a document?

The problem arises if they affix it to a document of legal significance or otherwise try to represent it as your signature - especially if they are using it to get someone else to part with something of value. Then, depending on the jurisdiction, there are a number of fraud-related crimes they could be committing.

How long does it take to go to jail for a forgery?

But if the amount of the forgery exceeds $950, it can be filed as felony forgery. As such, it carries up to 3 years in jail or state prison.

What is the crime of forgery?

The crime of forgery generally refers to the making of a fake document, the modification of an existing document, or the unauthorized signing of a signature without authorization. Forgery involves a false document, signature, or other imitation of an object of value used with the intent to deceive another.

What are the objects of forgery?

Documents that can be the object of forgery include contracts, identification cards, and legal certificates. Most states require that forgery be done with the intent to commit fraud or larceny. The most common form of forgery is signing someone else's name to a check. Objects, data and documents can also be forged.

What to do if you have identity theft?

Contact all banking faciilities and notify them of your identity theft issues. Do what they tell you to do.

Can you get someone to admit to a forged job?

You can also approach the person who forged the situation and get them to admit to it and make it right. Sometimes it’s done for speed in a company rather than an intentional fraud.

Can you give someone else consent to sign a document?

You cannot give “consent” to someone else to sign a document using your name. You can give someone else “power of attorney”, which allows them to enter you into contracts, but they do not sign anything using your name, they sign as themselves. Standard IANAL disclaimer here. 7.5K views. ·. View upvotes. Quora User.

How to report a forgery of a deed?

Report forgery to your local law enforcement officials. Then consult with a licensed real estate attorney. Bogus deeds can be voided by a legal action known as "quiet title," which clears away fraudulent and improperly recorded deeds. In some states, the action may be funded through the district attorney's office as part of the wider criminal prosecution of the fraudsters.

What is a forged deed?

Forged deeds are exactly what the name suggests: a fraudulent scheme that creates a property deed, forges the homeowner’s signature, and uses the forged document to claim that title to the property has been transferred. Fraudsters typically manage to have the deed notarized using false identification. Once the document is notarized, the scammer can ...

Is forgery a felony?

The Problem is Yours. Although forgery is a felony in all fifty states, punishable by hefty fines and jail terms, you are ultimately responsible for safeguarding the ownership interests in your home.

Can a scammer take a deed?

Once the document is notarized, the scammer can record the deed and use it to take out a mortgage loan against the property. The perpetrator absconds with the proceeds long before the bank begins foreclosure proceedings against the unsuspecting homeowner.

Christopher W. Vaughn-Martel

Unless you gave your attorney permission in writing, the answer must be NO. Run the situation by one other attorney, and then contact the BBO if you are confident that you were mistreated.

Jefferson W. Boone

Your fee agreement, a separate document, or the release may have included a power of attorney in which you authorized him/her to endorse checks. In which case , the endorsement on the back of the check should have your name, obviously printed, rather than signed, followed by "by [attorney's initials] P.O.A." for "power of attorney".

Marc Edward Stewart

Many times the contract you signed with the attorney (called a Power of Attorney) not only authorizes him/her to legally represent you, but also grants the power for the attorney to endorse a settlement check. You might re-read your contract.

Sean Michael Patrick

Only if you have given him authorization to do so. If you did not provide authorization (either at the time, or in your retainer agreement) you should contact the State bar to report it. My question is whether you were harmed at all by him depositing the check...

What is the intent of a forgery?

Similarly, intent is a vital element of forgery. Forgery generally involves the creation or altering of a document with the intent to defraud someone. Doing so could involve crimes as complex as representing a fake piece of art as genuine, or as simple as signing a check using someone else’s signature in order to commit identity theft.

What to do if you believe you are a victim of fraud?

If you believe you are a victim of criminal fraud, you should call law enforcement and report the fraud to authorities as soon as you are aware of the incident. If there is sufficient evidence, the case will be forwarded to your local prosecutor or District Attorney’s office. They may then prosecute the person who committed the fraud against you.

What is a fake document?

Falsification of documents generally refers to a criminal offense. This offense involves the: Possessing of a document for unlawful purposes. Common examples of fake legal documents include: Personal checks. Falsifying documents is considered to be a white collar crime, and may be referred to by other names depending on the state.

What is an example of a person being charged with tax evasion?

An example of this would be when a person is charged with tax evasion; or, the person has intentionally acted to defraud the IRS. Tax filers may make a careless mistake; this is not the same as intentionally deceiving the IRS.

Do you have to prove that you did not falsify a deed?

Additionally, you will need to prove that you did not know that the documents in question were falsified. An example of this would be if you were given the deed to a foreclosed property that you lawfully purchased. It is doubtful that in such circumstances, you would be charged with a crime, unless you were part of this real estate scheme to defraud.

Is falsifying a tax return a crime?

Personal checks. Falsifying documents is considered to be a white collar crime, and may be referred to by other names depending on the state. It can even be included as part of other collateral crimes.

Is falsification a crime?

Falsification of a document is a very serious crime and you will want someone to defend your rights. Such an attorney can explain to you your state’s laws regarding the matter, as well as determine if any defenses are available to you based on the specifics of your case. They will also represent you in court as needed.