Presigned Verification Forms

MODEL LETTER

Presigned Verification Forms

 USE NOTES: The insurer previously sent a reservation of rights letter and declined to withdraw or limit it. Adapt the letter below by using the Legend. Before sending the text below, delete everything above.

&Date&

&DependentCounsel&

Address

City, State Zip Code

Re:       &Plaintiff& v. &Client&

Your Claim No. ___

Dear &DependentCounsel&:

Thank you for your recent letter.

You have provided me with blank verification forms and requested that I sign them and return them to you. The forms appear to require me to swear under penalty of perjury that certain things are true. However, you did not provide me with any questions or answers which would permit me to state the truth.

In Drociak v. State Bar (1991) 52 Cal. 3d 1085, 1090, a lawyer was suspended from the practice of law for a year for the same sort of conduct. The court said: “The use of a presigned verification in discovery proceedings, without first consulting with the client to assure that any assertions of fact are true, is a clear and serious violation of the statutes and rules.”

Bus.&Prof. Cd. §6106 provides, “The commission of any act involving moral turpitude, dishonesty or corruption . . . constitutes a cause for disbarment or suspension.” Section 6068(d), requires an attorney “To employ, for the purpose of maintaining the causes confided to him or her such means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.” Rules of Professional Conduct, Rule 5-200 Trial Conduct requires that you “[s]hall employ, for the purpose of maintaining the causes confided to the member such means only as are consistent with truth.”

Very truly yours,

&Client&

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