, 10 tweets, 2 min read Read on Twitter
Let's say that it's 10 minutes to midnight on Friday, and Ty has just realized that the key affidavits aren't notarized. That's monumental incompetence. It's a "call your carrier" moment. But there are options.

Let's game them out.
I see two major options. Neither are good, but one is not very bad and the only real consequence is likely to be some personal embarrassment. The other puts your law license, your partner's law license, and an associate's law license in jeopardy, and risks losing a client's case.
Option 1:
You submit the filing on time with the unnotarized affidavits. You immediately email all counsel telling them exactly what happened, and that you will be submitting replacement affidavits that are identical in all regards as soon as possible.
You then write the same thing in a letter, spellcheck it, and file it with the court as a notice (serving all parties). The defendants will still almost certainly move to strike, but it'll be performative. The odds that the judge will not allow the affidavits in is very low.
No prejudice, no attempt at prejudice. Might stretch the limits of "excusable neglect," but you owned up to it immediately and professionally and did everything in your power to fix it in a way that hurts nobody.

You might get sanctioned, but the judge won't kill the client.
At least that's the high probability.

Granted, you're going to need to demonstrate humility and a willingness to take your lumps, but you would have earned that anyway.
Option 2:
Fake the notarizations.

This is a bad option. The notarization is certifying a lie. That lie is being submitted as evidence against the defendants. It is a breach of so many professional obligations that it's hard to keep track of all of them.
Worse, two of your colleagues are signing their names to the pleading with the attached affidavits. They're now on the hook to the same extent you are. You've Blue Falconed your own partner and your own employee.
Granted, they've both got an ethical obligation to report your ass if they know about this, so they're going to legitimately be on the hook for discipline, but you're the ringleader.
And by trying to bluster through instead of immediately confess when called out, you've taken the odds that there will be a case-killing sanction and put them on steroids.

/fin
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