Soterakis Gregory Demetrios [1993] NSWLST 2

Soterakis Gregory Demetrios [1993] NSWLST 2

The Tribunal found that signing as witness to documents not executed in the presence of the solicitor and consequently misleading another solicitor amounted to professional misconduct, but given mitigating circumstances including financial consequences, character evidence, and the isolated nature of the conduct, removal from the roll was not warranted; the appropriate sanction was a fine.

Jurisdiction
Australia
Judgment Date
10 May 1993
Procedural Posture
Professional Misconduct Complaint / Determination and Orders
Outcome
Guilty of professional misconduct
Legal Topics
['professional Misconduct' 'false Attestation' 'misleading Conduct' 'fraud']
['legal Profession' 'professional Discipline'] ['professional Misconduct' 'false Attestation' 'misleading Conduct' 'fraud']

Case Brief

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Procedural Posture

Professional Misconduct Complaint / Determination and Orders

Legal Issues

  1. 1 ['Whether the solicitor committed professional misconduct by falsely attesting documents' 'Whether the solicitor misled another solicitor by delivering falsely attested documents' 'Appropriate sanction for professional misconduct']

Ratio Decidendi

The Tribunal found that signing as witness to documents not executed in the presence of the solicitor and consequently misleading another solicitor amounted to professional misconduct, but given mitigating circumstances including financial consequences, character evidence, and the isolated nature of the conduct, removal from the roll was not warranted; the appropriate sanction was a fine.

Court Disposition

Guilty of professional misconduct

Orders

  • ['The Solicitor pay a fine of $4,000.00 within 30 days from the date of the order.' 'The Solicitor be suspended from practice at the expiration of 30 days if the fine is not paid.' 'The Solicitor pay the costs of the Law Society, to be assessed on a solicitor client basis.' 'Liberty to apply if agreement as to costs...