Lewis Fineman Yee [1996] NSWLST 26

Lewis Fineman Yee [1996] NSWLST 26

The legal practitioner falsely attested signatures on facility documentation, including a forged guarantor signature, when the signatories had not signed in his presence. That conduct would be reasonably regarded as dishonourable and disgraceful by professional colleagues of good reputation and competency and amounted to professional misconduct. In light of the mitigating circumstances, including pressure from the client, contrition, good character, lack of prior findings, and the consequences already suffered, the appropriate sanction was a reprimand and a $2,000 fine rather than removal from the Roll.

Jurisdiction
Australia
Judgment Date
13 November 1996
Procedural Posture
Complaint of Professional Misconduct Against a Legal Practitioner / Determination and Orders
Outcome
The legal practitioner was found guilty of professional misconduct, reprimanded and fined $2,000.
Legal Topics
['professional Misconduct' 'false Attestation of Signatures' 'forgery of Guarantor Signature' 'solicitor Discipline' 'removal From Roll' 'reprimand and Fine']
['legal Profession' 'professional Discipline'] ['professional Misconduct' 'false Attestation of Signatures' 'forgery of Guarantor Signature' 'solicitor Discipline' 'removal From Roll' 'reprimand and Fine']

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Procedural Posture

Complaint of Professional Misconduct Against a Legal Practitioner / Determination and Orders

Legal Issues

  1. 1 ['Whether the legal practitioner was guilty of professional misconduct by purporting to witness signatures on a facility agreement when the signatories were not present and one signature was a forgery.' "What disciplinary order should be made, including whether the legal practitioner's name should be removed from the Roll or whether a lesser penalty was appropriate."]

Ratio Decidendi

The legal practitioner falsely attested signatures on facility documentation, including a forged guarantor signature, when the signatories had not signed in his presence. That conduct would be reasonably regarded as dishonourable and disgraceful by professional colleagues of good reputation and competency and amounted to professional misconduct. In light of the mitigating circumstances, including pressure from the client, contrition, good character, lack of prior findings, and the consequences already suffered, the appropriate sanction was a reprimand and a $2,000 fine rather than removal from the Roll.

Court Disposition

The legal practitioner was found guilty of professional misconduct, reprimanded and fined $2,000.

Orders

  • ['The legal practitioner is reprimanded.' 'The legal practitioner must pay a fine of $2,000.' "If the fine is not paid within 90 days the legal practitioner's practising certificate is to be cancelled and a practising certificate is not to be issued to the legal practitioner until the fine has been paid." 'The legal...