Nashville, TN asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Kentucky

Q: Opposing counsel signed for my attorney without proof: How to address?

I am concerned about a situation where opposing counsel drafted, notarized a final order and signed it for my attorney without apparent proof of permission or communication with my attorney. The judge signed this order within an hour of filing. Although there was a supposed verbal agreement, there is no phone log, no charge by my attorney for such a discussion, or any email correspondence confirming the transmission of the drafted order. Furthermore, there have been persistent communication issues in the case, including opposing counsel's ex parte communication in a related criminal case. My attorney withdrew without notifying the court before this order was signed, leaving me to handle communication directly with opposing counsel. What steps can I take to address the legitimacy of the final order?

1 Lawyer Answer

A: Find out whether your lawyer gave permission. If he or she did, no issue. If he or she did not, then file a motion with the Court and make them aware the order was signed without permission.

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