John Anthony Picone [1992] NSWLST 17

The conduct of the solicitor in witnessing signatures he did not see and falsely certifying to explanations not given constitutes professional misconduct, warranting sanction, notwithstanding mitigating factors and evidence as to ongoing fitness to practice.

Parties: Complainant: Council of the Law Society of New South Wales; Respondent/solicitor: John Anthony Picone
Jurisdiction: Australia
Judgment Date: 26 November 1992
Procedural Posture: Professional Misconduct Disciplinary Proceedings / Determination and Orders After Hearing
Outcome: Guilty of professional misconduct; fined; ordered to pay costs; conditional sanction on practising certificate.
Legal Topics: Professional Misconduct, Witnessing Signatures, False Certification, Solicitor's Duties, Honesty and Integrity

Legal Profession Professional Discipline Professional Misconduct Witnessing Signatures False Certification Solicitor's Duties Honesty and Integrity

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Parties

Council of the Law Society of New South Wales

Complainant

John Anthony Picone

Respondent/solicitor

Procedural Posture

Professional Misconduct Disciplinary Proceedings / Determination and Orders After Hearing

Legal Issues

1 Whether the solicitor engaged in professional misconduct by witnessing signatures he did not see affixed and by certifying as to explanations not given.

Ratio Decidendi

Court Disposition

Guilty of professional misconduct; fined; ordered to pay costs; conditional sanction on practising certificate.

Orders

That the Solicitor pay a fine of $5,000.00 within thirty days.
That in default of compliance with Order 1 the Solicitor’s practising certificate be cancelled and not reissued until compliance.