Please ensure Javascript is enabled for purposes of website accessibility
Home / Opinion Digests / Attorneys / Attorneys – Immunity – Allegedly Forged Documents – Banks & Banking – Tort/Negligence (access required)

Attorneys – Immunity – Allegedly Forged Documents – Banks & Banking – Tort/Negligence (access required)

Vieira v. CertusBank, N.A. (In re Ladd) The plaintiff-trustee alleges that the defendant-bank’s loan documents were forged. If the defendant-law firm knew the loan documents were forged when the law firm filed suit to collect on the loan, the court could not conclude that the law firm was entitled to immunity under Gaar v. North Myrtle Beach Realty Co., 339 S.E.2d 887 (S.C. App. 1986). Moreover, the firm may have breached an independent duty to a third person because all persons seemingly have a duty not to make fraudulent statements to others. The plaintiff-trustee may amend her complaint to allege whether the law firm knew the bank documents were forged when it filed the collection action and whether the law firm was involved in the issuance of the loan.

Leave a Reply

Your email address will not be published. Required fields are marked *

*