Is filing a legal document more than once a bad or a good idea? I will be filing a bankruptcy petition in the united states pro se. I have instructions for filing electronically via PACER, which indicate forms do not need to be signed as the user account used to submit takes the place of a signature: https://pacer.uscourts.gov/help/faqs/how-will-signature-documents-be-handled-documents-filed-electronically?page=9 I also see temporary instructions for filing via email due to COVID, which states &quot;You must sign your document by either signing the document before you scan it or typing “/s/ [Your Name].” The Court will accept typed signatures in this format.&quot; In this case, would it be a problem to file both ways, or would there be no point and would it cause problems? If filing electronically does a physical copy signed in ink still need to be mailed or filed in person, or would that also just cause confusion?
would it be a problem to file both ways, or would there be no point and would it cause problems? File only once. Duplicate filing is likely to cause recurrent confusion and annoyance because everyone else will be uncertain as to whether both filings differ on anything other than the signature. If filing electronically does a physical copy signed in ink still need to be mailed or filed in person, or would that also just cause confusion? Filing electronically precludes the need for filing a physical copy. Even if filing a physical copy is allowed, it would impose on the clerk the needless burden of scanning and processing the physical copy.
There are three answers here. First, as is common on this site, you are using the term, "legal" and "illegal." Those are not legally meaningfully terms. A good lawyer won't use those terms to mean allowed or disallowed. We talk in terms of potential civil or criminal liability, or other sanctions and consequences. To say that something is "legal" does not communicate much. Second, all contracts are governed by a duty of good faith. That means that you cannot try to "trick" someone with the terms of the contract and expect to enforce that contract against them and you cannot try to skirt your obligations by finding a tricky form of compliance not within the mutual understanding of the agreement. As with all things, defining good faith is not easy, and depends on the specific context of a situation. It is worth distinguishing between the duty of good faith, and the duties one owes to a fiduciary; good faith is surely far less, but nevertheless still meaningful. Third, a defense to non-performance of a contract is that the agreement as written is unconscionable. A contract that is a grossly unfair deal where the contract was not actively negotiated (i.e. Blindly signing a bad form contract), may fall under this category. Note: I am not your lawyer; this is not legal advice; contact a licensed attorney in your area; do not rely on my statements; I merely am providing a general answer that is academic in nature.
The fact that it is possible to engage in fraud, doesn't mean that it is impossible to prove something. Usually, in a civil action, testimony that a business record says something and that it was not falsified is sufficient to meet a preponderance of the evidence standard (i.e. to establish to the satisfaction of a judge or jury that it is more likely that something is true than it is that it isn't true). It is easy to forge checks too (and hard to prove that a signature is fake), but that doesn't mean that you can't prove payment by check or that negotiable instruments are useless.
Don't be so quick to refuse; they are representing you, and working for your company. Ask the law firm and your work supervisor why the firm wants copies. Realize that the law firm and the lawyers are legally bound to work in your best interest in terms of immigration, your green cards and the security of your personal information. See California Bar - Rules of Professional Conduct. Such personal information is very likely to be secure with them, as it is punishable by law if sensitive information like SSNs is stolen or leaked, and could be a breach of rules of the California Bar, too.
Counter notices are described in 17 USC 512(g)(3). It starts with the requirement for "A physical or electronic signature of the subscriber" (and a statement under penalty of perjury...). Supposing that you can't get anywhere with finding the contributor even via a subpoena, then you're stopped there: you can't swear on behalf of someone else. Paragraph (f) also says that if a person files a false infringement claim, they become liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it but it's not immediately obvious that you would suffer damage by taking the material down (not immediately obvious doesn't mean obviously not true). A case could be made, but it's risky. In Online Policy Group v. Diebold, Diebold was hit with substantial damages basically for having made up a theory that certain email discussion was infringing when it was clearly fair use. If a person actually lies about being the copyright owner, that would probably be viewed even more dimly by the courts. Your 4th argument gives you no traction: if an infringer posts infringing material and transfers copyright on the web page, but they don't hold copyright, then that transfer mean nothing. As for the other arguments, your attorney will have to suggest an advisable course of action. S/he might advise that your evidence is so strong that you should just ignore the takedown; or that you should take the content down and then sue for damages; or take the content down and lobby your congressman for a change in the law. [Addendum] I will reiterate my recommendation to get a lawyer. I believe that under the law, the risk to you would be the situation where the person prevails in an infringement suit against you. Outside of the "mere conduit" safe harbor, you have to participate in the notice and takedown scheme in order to "stay safe" (also you have to do so quickly). You have identified a potentially huge flaw in the system. Theoretically, criminal charges of perjury and paragraph (f) damages would be enough to deter ordinary wrong-doers, provided that you can really prove that someone else is the copyright holder. But the cost of litigation is not zero and the chances of winning are not 100%. The law does assume that all parties tell the truth, indeed the law requires a "penalty of perjury" statement. Since counter-notice is also part of the legal dance, I would conclude that you do have to write yourself a counter-notice. Then if there is a suit, you have satisfied the requirements of the law.
This is allowed in Colorado. Colorado's version of the Uniform Probate Code authorizes such a document for tangible personal property which is usually called a &quot;Personal Property Memorandum.&quot; This is authorized by Colorado Revised Statutes § 15-11-513. The section of Colorado's probate code states: Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing shall be either in the handwriting of the testator or be signed by the testator and shall describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will. New York State Law NYS has a requirement that the Will is signed by 2 Witnesses and (I believe -- keep me honest) notarized. So I'm hoping this is a way for me to add items to the Appendix without needing to re-sign, re-witness and re-notarize every time I think of something else. Is this strategy valid &amp; enforceable? This is generally not permitted in New York State The legal formalities for the execution of wills and trusts in New York States are among the most strict in the United States (Florida and Maine have been more strict from time to time). This cannot be done in a way that is valid and enforceable in New York State. One can determine this from a review of the relevant New York State Statute which is called the Estate, Powers, and Trusts Law (EPTL), that does not contain a parallel provision to the Colorado statutory section. Therefore, in New York States, all dispositive provisions of a Will related to tangible personal property must be executed with the same formalities as any other Will or Codicil (i.e. it must be signed by the testator and two witnesses, a notarization is not required). Oral and unwitnessed handwritten wills are rarely allowed in New York State New York State does recognize oral wills (called nuncupative wills) and wills in the handwriting of the person making them (called holographic wills) as well, but only in very limited circumstances. The pertinent provision of the EPTL state: (a) For the purposes of this section, and as used elsewhere in this chapter: (1) A will is nuncupative when it is unwritten, and the making thereof by the testator and its provisions are clearly established by at least two witnesses. (2) A will is holographic when it is written entirely in the handwriting of the testator, and is not executed and attested in accordance with the formalities prescribed by 3-2.1. (b) A nuncupative or holographic will is valid only if made by: (1) A member of the armed forces of the United States while in actual military or naval service during a war, declared or undeclared, or other armed conflict in which members of the armed forces are engaged. (2) A person who serves with or accompanies an armed force engaged in actual military or naval service during such war or other armed conflict. (3) A mariner while at sea. (c) A will authorized by this section becomes invalid: (1) If made by a member of the armed forces, upon the expiration of one year following his discharge from the armed forces. (2) If made by a person who serves with or accompanies an armed force engaged in actual military or naval service, upon the expiration of one year from the time he has ceased serving with or accompanying such armed force. (3) If made by a mariner while at sea, upon the expiration of three years from the time such will was made. Wills valid where executed will generally be honored If a Will accompanied by a Personal Property Memorandum were drafted and executed in Colorado while someone was domiciled there, and then was presented to a Surrogate's Court in New York State for probate, because the person who wrote it was domiciled in New York State when they died, however, the New York courts might honor the Personal Property Memorandum on the theory that the validity of the execution of a Will is usually governed by the law of the place where it is signed and not by the law of the place where it is probated. The alternative of a revocable trust in New York State A workaround somewhat similar to a personal property memorandum could be done with a revocable trust, but this has its own limitations. In New York State a trust or amendment to a trust not created by a last will and testament must be either (1) signed and notarized by the creator of the trust and also by the trustee if there is one separate from the creator of the trust, or (2) signed by the creator of the trust and witnessed by two witnesses in essentially the same way that a will would be witnessed. Unlike most U.S. states, New York State does not recognize trusts that are signed but are not notarized or witnessed, and unlike most U.S. States, New York State does not recognize orally created trusts. Trusts validly formed and amended outside of New York will generally be honored This is, of course, assuming in both cases that New York State law governs the formation of the trust. New York State choice of law rules, however, will generally recognize the validity of a trust formed with formalities that were valid in the place where it was executed if the person executing it was domiciled there.
This is fine. You can use initials, shortened names, common nicknames (Bob/Robert), omit middle names, and so forth without causing yourself any problems. Things can get more complicated if you sign by a name that is different from names that you normally use elsewhere - such as if you are called Christopher Smith and you sign as Donald Jones, having not used that name before - but there's no fundamental difference of principle. One example case is Scott v Soans [1802] 102 ER 539, where the defendant John Soans objected to the suit being made against &quot;Jonathan otherwise John Soans&quot;. The Lord Chief Justice ruled that &quot;Jonathan otherwise John&quot; could be his name, and that if he'd signed a contract using that name then &quot;what objection could be made to it?&quot; There are several other similar cases from past centuries, some of which may no longer be reliable law since they turn on points of procedure that aren't relevant today, but the general thrust is that if you sign a contract under a certain name, then you can be sued under that name. (And you can sue other people using whatever name you like.) Mistakes in names can be corrected as part of the general process of contractual interpretation, called &quot;rectification&quot;. This more often arises when dealing with company names, say when there are a half dozen closely linked companies with related names, and the issue is which one of them is actually meant to be named; there are some recent cases of this kind, such as Liberty Mercian Ltd v Cuddy Civil Engineering Ltd [2013] EWHC 2688 (TCC). Generally speaking, as Lord Denning said in Nittan v Solent Steel [1980] EWCA Civ J1023-4, We do not allow people to take advantage of a misnomer when everyone knows what was intended. Further, the doctrine of &quot;estoppel by convention&quot; means that if you sign a contract under whatever name, then act as if you were bound by the contract, you can't then wriggle out of it on the grounds that the name is not really your own. In Scots law, which includes certain doctrines imported from Roman civil law, there is a distinction between error in persona and error in nomine. The former means that you were mistaken about who your counterparty really was (such that you wouldn't have made the contract had you known the truth) and the latter means that you had the intended person but made a mistake about their name. The law of error in Scotland is not quite the same as in England and Wales, but in this case it gets to the same basic result: if you agreed on who was to be bound, that's what matters, regardless of the names used.
You can ask a law enforcement officer or district attorney to press charges. Generally, you cannot do so yourself. In practice, this kind of allegation is almost never criminally prosecuted. A prosecution would be particularly unlikely if the witnesses and/or notary confirmed his story that it was your father's signature or was authorized, and if the lawyer received no personal benefit from the will. Sentences for forging a will vary from state to state and sometimes depend upon the amount of personal benefit secured from doing so. Absent a huge personal benefit, it would probably be a minor felony punishable by a few years in prison or more likely, in the case of a lawyer without prior convictions, a deferred judgment, or probation and a fine. Proving that the signature is forged is extremely difficult and under certain circumstances a person trying to execute a will can lawfully have someone do it for them by directing the lawyer to do so in the presence of the witnesses (for example, if your father's hand was shaking too much to make it possible for him to sign his name due to a condition like Parkinson's disease). The witnesses to the will would be in a bad position to testify against him because they could face charges too if they witnessed the will despite knowing that it was not signed or authorized by the testator. You could contest the validity of the will due to an allegedly forged signature by raising a timely objection in a probate proceeding to have the will determined valid. In this proceeding, you would only have to show that it is more likely than not that this happened and the consequence would be that the will would be found invalid. In theory, you could sue the lawyer for damages to you caused by the alleged forgery, but only if you were harmed and realistically, only if the will was found to be invalid, which would eliminate any harm, unless the probate process has already been completed. Finally, you could complain to the attorney regulatory body in the state where the lawyer practices. If they found your allegations to be credible they would investigate. If they found that your allegations were probably true following an investigation and a hearing, they could suspend his license or disbar him.