# why cant solicitors witness affidavits of their clients?



## 091october (7 Aug 2010)

just wondering why, when looking over my old Personal Injuries file, that  affidavits, sworn by me, were witnessed by a third party commissioner for oaths, and not by my own solicitor who was dealing with the case?


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## lawrose (9 Aug 2010)

Your personal solicitor generally is not allowed to "swear" any documents you have signed.  Cannot even use another solicitor in the same practice.


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## 091october (13 Aug 2010)

*affidavit enquiry*

why is this the case though? i.e why cant solicitors witness affidavits of their clients? any help appreciated in this regard?


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## Mr. C.J.H. (13 Aug 2010)

The answer to your question is as follows:

Every practising solicitor was conferred with the powers of commissioner for oaths pursuant to section 72 of the Solicitors (Amendment) Act, 1994 with effect from 4 November 1994. 

Section 72(2) of the Solicitors (Amendment) Act 1994 requires that a practising solicitor 'shall not exercise the powers conferred by this section in any proceedings in which he is solicitor to any of the parties or in which he has an interest, or in contravention of any relevant condition' (that is, in contravention of any condition to which his/her practising certificate may be subject).

The bottom line is that a solicitor is prohibited by legislation from swearing his own clients documents.


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## 091october (14 Aug 2010)

thats great mr. CJH. thank you so much.


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