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It is always a disciplinary offense to sign the power of attorney in place of the client

It is always a disciplinary offense to sign the power of attorney in place of the client

He, with his consent, affixed the lawyer’s signature on the power of attorney: this is the conduct of the lawyer approved by the National Bar Council. Judgment 15 July 2020 – 24 March 2021, n. 59 (Text below) There is no point in being convicted of a controversial crime.

The story, which ends after being suspended from business for two months, begins with a client’s complaint against his lawyer. The mistakes made by the lawyer in managing the case have unfortunately led to the failure of the usual trusting relationship which can be very costly.

The client reprimanded his lawyer for putting his signature on the power of attorney for the case presented to the Labor Judge. Also, for the payment, he signed a signature without providing the relative invoice.

So criminal proceedings were instituted against the lawyer and as a result disciplinary proceedings were instituted in the Disciplinary Council. Both measures had different outcomes.

In criminal cases, the lawyer should be acquitted of the charge of misconduct because the client’s consent to sign the power of attorney was proved by the attorney, meanwhile the accused is innocent.

For the Disciplinary Council, however, criminal acquittal is of no importance. On the contrary: the trial, which ended in favor of the acquittal, showed that the plaintiff had signed with the client on the authority.

The lawyer defended himself by claiming that there was no intentional misconduct in his conduct. But both the Disciplinary Council and the National Bar Council considered the conduct to be ethically unacceptable.

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In short, the Disciplinary Council “cannot sign the power of attorney on behalf of the lawyer instead of the client, with the expeditious recognition of the latter and no adverse effects on the client”. He asserted that his confession had been obtained through torture, and that his confession had been obtained through torture. Personally lying.

CNF, Judgment No. 59/2021 >> Download PDF Text

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