What is the name of your state (only U.S. law)? NJ
Due to some confusion on the previous thread due entirely to my own fault for not having all of the info on my case before posting I'm reposting it under a different title.
To put it shortly, on a post conviction relief my attorney filed an affidavit on behalf of my old attorney that had handled the original case. I was supposed to show it to my old attorney, but was still waiting on the file from my current attorney and hadn't had the time to pursue it. It turns out my previous attorney hadn't even seen the affidavit, and the prosecutor had to read it to him over the phone. He had never signed or notarized it, but it was filed in his name regardless by my lawyer who's just been doing one strange shady thing after another. Understandably this has caused some problems with the prosecutor when it turned out that some of the information on the affidavit was in his opinion not correct, and they're now telling him that if the post conviction relief does go through that they'll be prosecuting the original case to the fullest extent of the law. I'm aware they entirely have the right to do so, but my lawyer filing a false affidavit certainly hasn't helped.
In the filing my attorney had noted that although the included documents weren't signed and notarized that they'd been agreed to by the parties and would be available upon request after receipt. Obviously this has turned out to be false.
Is it legal for an attorney to do this? It seems really really... strange to me.
Due to some confusion on the previous thread due entirely to my own fault for not having all of the info on my case before posting I'm reposting it under a different title.
To put it shortly, on a post conviction relief my attorney filed an affidavit on behalf of my old attorney that had handled the original case. I was supposed to show it to my old attorney, but was still waiting on the file from my current attorney and hadn't had the time to pursue it. It turns out my previous attorney hadn't even seen the affidavit, and the prosecutor had to read it to him over the phone. He had never signed or notarized it, but it was filed in his name regardless by my lawyer who's just been doing one strange shady thing after another. Understandably this has caused some problems with the prosecutor when it turned out that some of the information on the affidavit was in his opinion not correct, and they're now telling him that if the post conviction relief does go through that they'll be prosecuting the original case to the fullest extent of the law. I'm aware they entirely have the right to do so, but my lawyer filing a false affidavit certainly hasn't helped.
In the filing my attorney had noted that although the included documents weren't signed and notarized that they'd been agreed to by the parties and would be available upon request after receipt. Obviously this has turned out to be false.
Is it legal for an attorney to do this? It seems really really... strange to me.
Last edited: