Adrian Frederick Guido [1996] NSWLST 5

Adrian Frederick Guido [1996] NSWLST 5

The solicitor wrote Mrs Guido's signature on the Memorandum of Transfer. Even though she had consented, there was no evidence of intent to defraud or personal advantage, and the solicitor otherwise had an unsullied reputation, writing another person's signature by a legal practitioner is professional misconduct. A reprimand, modest fine and costs order were appropriate to mark that false documentation is professionally deplorable, and the compensation claim was dismissed because Mrs Guido chose not to attend.

Jurisdiction
Australia
Judgment Date
30 July 1996
Procedural Posture
Professional Misconduct Disciplinary Proceedings / Determination of Amended Information
Outcome
Professional misconduct found; solicitor reprimanded, fined, ordered to pay costs, subject to suspension if the fine is unpaid, and compensation claim dismissed.
Legal Topics
['professional Misconduct' "writing Another Person's Signature" 'false Documentation' 'conveyancing Transfer' 'company Seal']
['legal Profession' 'professional Discipline'] ['professional Misconduct' "writing Another Person's Signature" 'false Documentation' 'conveyancing Transfer' 'company Seal']

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Procedural Posture

Professional Misconduct Disciplinary Proceedings / Determination of Amended Information

Legal Issues

  1. 1 ["Whether the solicitor's writing of Mrs Guido's signature on a Memorandum of Transfer constituted professional misconduct." 'What orders should be made following the finding of professional misconduct.' 'Whether the claim for compensation by Mrs Guido should be dismissed.']

Ratio Decidendi

The solicitor wrote Mrs Guido's signature on the Memorandum of Transfer. Even though she had consented, there was no evidence of intent to defraud or personal advantage, and the solicitor otherwise had an unsullied reputation, writing another person's signature by a legal practitioner is professional misconduct. A reprimand, modest fine and costs order were appropriate to mark that false documentation is professionally deplorable, and the compensation claim was dismissed because Mrs Guido chose not to attend.

Court Disposition

Professional misconduct found; solicitor reprimanded, fined, ordered to pay costs, subject to suspension if the fine is unpaid, and compensation claim dismissed.

Orders

  • ['The solicitor be and is hereby reprimanded.' 'The solicitor pay a fine of $2,000 within a period of four months from the date of this order.' 'The solicitor be suspended from practice at the expiration of the said period of four months if the said fine has not been paid and that such suspension continue until the...