New Hampshire Affidavit by an Attorney-in-Fact or by Affiant in the Capacity of an Attorney-in-Fact

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Multi-State
Control #:
US-00482BG
Format:
Word; 
Rich Text
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Description

For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.


The following form is by an affiant as an attorney-in-fact.

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FAQ

When a lawyer has been directly involved in a specific transaction, subsequent representation of other clients with materially adverse interests in that transaction clearly is prohibited.

Some assume this signature space is for someone who has witnessed them signing the affidavit. This is an understandable error. In fact, an affiant is the person who swears by the truth of the facts mentioned in the affidavit.

Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make.

An affiant is a person who is the author of an affidavit, who swears to the truth and accuracy of the statements made in the affidavit. The person making the signed statement (affiant) takes an oath that the contents are true to the best of their knowledge. [Last updated in June of 2022 by the Wex Definitions Team]

The affiant definition is a legal term referring to someone who signs or swears to a document containing information that the signer is asserting as facts, which will be used as evidence in the court of law. This document is called an affidavit. An affiant signs a document in the presence of a lawyer.

Conflicts of Interest. (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client , a former client or a third person or by a personal interest of the lawyer.

In fact, an affiant is the person who swears by the truth of the facts mentioned in the affidavit. So, if a neighbor signs an affidavit swearing you are a caring parent, that neighbor would be the affiant.

Safekeeping Property. (a) A lawyer shall hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property, in ance with the provisions of the New Hampshire Supreme Court Rules.

Confidentiality of Information. (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b).

Criminal Division policy precludes the use of multiple affiants except when it is indicated clearly which affiant swears to which part of the affidavit, or states that each affiant swears to the entire affidavit.

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New Hampshire Affidavit by an Attorney-in-Fact or by Affiant in the Capacity of an Attorney-in-Fact