Conflict of Interest Notarizing Affidavit of Service

Asked over 1 year ago - New York, NY

Can a plaintiff attorney who is the attorney for the case notarize the affidavit of service. The attorney did not serve the AOS but only notarizing the server signature. Is this a conflict of interest because the attorney is the defending the case.

Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes.

    The attorney can swear the adult resident on-party as to her service of a document because attorneys only prohibition against dual roles is that of witness-advocate. This means the attorney can be the fact witness and the advocate for those facts at the same time. Otherwise, being a notary and a plaintiff's lawyer does not constitute a conflict of interest.

  3. Steven Warren Smollens

    Contributor Level 20

    Answered . Dear Asker:


    Although this may not be a conflict of interest (in fact, nearly usual in small offices, when service is made by mail an attorney will be the notary) the notarization may not be allowed if the affidavit of service is made by a family member.

    Even if improper, this is a difficult issue to raise.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more

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