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Can a lawyer sign in his capacity as an attorney? "In his capacity as an attorney" here means as a licensed or registered attorney in the state, not as an attorney-in-fact for anyone. If so, is there a difference in the effect of his signature between when he signs as attorney and when he just signs in his personal capacity for himself? What is the difference, if any.To Ms. Morcroft: He was signing an affidavit which was later recorded in county public records. The affidavit stated various facts regarding the title to a real property, most of these facts having to do with possible clouds on the title. This all related to the sale of this real property. My guess is that the lawyer of the buyer asked the lawyer who signed the affidavit to acknowledge his liability for the various title transactions that occurred.