Simon Konstantinidis [1992] NSWLST 11

Simon Konstantinidis [1992] NSWLST 11

The solicitor's acts of falsely witnessing documents and issuing untrue certificates constituted professional misconduct, but, given his contrition, full recognition of wrongdoing, prior good character, and restitution, it was appropriate to impose a substantial fine rather than strike his name from the roll.

Parties
Solicitor/respondent: Simon Konstantinidis; Applicant/complainant: Law Society
Jurisdiction
Australia
Judgment Date
06 November 1992
Procedural Posture
Disciplinary / Decision on Penalty After Finding of Professional Misconduct
Outcome
Solicitor found guilty of professional misconduct; fined and order as to payment of costs, but allowed to continue practice conditional on payment of fine.
Legal Topics
Fraudulent Witnessing of Signatures, Preparation of False Documents, Solicitors' Certificates, Duties to Clients and Third Parties
Professional Misconduct Legal Profession Fraudulent Witnessing of Signatures Preparation of False Documents Solicitors' Certificates Duties to Clients and Third Parties

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Parties

Simon Konstantinidis

Solicitor/respondent

Law Society

Applicant/complainant

Procedural Posture

Disciplinary / Decision on Penalty After Finding of Professional Misconduct

Legal Issues

  1. 1 Whether the solicitor engaged in professional misconduct by falsely witnessing documents and providing false certificates
  2. 2 Appropriate disciplinary action for solicitor's conduct

Ratio Decidendi

The solicitor's acts of falsely witnessing documents and issuing untrue certificates constituted professional misconduct, but, given his contrition, full recognition of wrongdoing, prior good character, and restitution, it was appropriate to impose a substantial fine rather than strike his name from the roll.

Court Disposition

Solicitor found guilty of professional misconduct; fined and order as to payment of costs, but allowed to continue practice conditional on payment of fine.

Orders

  • Solicitor to pay a fine of $4,000 within 30 days.
  • Solicitor to be suspended from practice if fine is not paid within 30 days, until payment is made.