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Commissioner of oaths

  • 14-08-2011 10:48PM
    #1
    bengaslovechild
    Closed Accounts Posts: 4 ✭


    I have a question for the board!

    Can a solicitor/Commissioner of oaths sign an affidavit that is not legally sound?


Comments

  • #2
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    bengaslovechild wrote: »
    I have a question for the board!

    Can a solicitor/Commissioner of oaths sign an affidavit that is not legally sound?

    Yes. It's not up to the solicitor to check the facts behind an affidavit or the reasons for it. If a solicitor / Commissioner for Oaths is swearing an affidavit for you they only need to verify that you have read the affidavit and you understand and stand by the contents as well as proving your identity.

    The solicitor swearing the affidavit cannot be the solicitor on record for you in a case so you're only paying for that solicitor to witness your signature, not give an opinion on the legal efficacy of the document you produce.


  • #3
    Fred Cohen
    Registered Users, Registered Users 2 Posts: 189 ✭✭Fred Cohen


    Not sure how it effects Solicitors/Commissioner of oaths, but it does not seem to have any on Barristers, Accountants, TD's and Ministers of Cabinet.

    http://www.rte.ie/news/2010/0216/odeaw.html

    But it seems to be OK for the high court and he got re-elected so I think it's fine.


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