Ian David Plowes [1996] NSWLST 23

Ian David Plowes [1996] NSWLST 23

By majority, the Tribunal held that the solicitor's conduct could not properly be characterised as one incident or a single related course of conduct. The false Solicitor's Certificate, the deliberate fabrication of letters, the production of a file containing those letters under subpoena, the false statements to LawCover's panel solicitor and counsel, and the false sworn Defence and discovery affidavit were separate, deliberate and serious breaches of professional obligations. The stress and character evidence did not explain the later conduct in 1992 and 1993. Because the repeated dishonest conduct, including false swearing and deception of the Supreme Court and LawCover, showed...

Jurisdiction
Australia
Judgment Date
19 September 1996
Procedural Posture
Professional Misconduct Disciplinary Proceedings / Determination and Orders by Majority on an Information Filed by the Law Society Seeking Removal From the Roll
Outcome
The solicitor was found guilty of professional misconduct warranting removal from the Roll by majority.
Legal Topics
['professional Misconduct' "false Solicitor's Certificate" 'fabrication of Documents' 'misleading the Supreme Court' 'false Swearing' 'misleading Law Cover Solicitor and Counsel' 'fitness to Practise' 'removal From the Roll']
['legal Profession Regulation' 'professional Discipline'] ['professional Misconduct' "false Solicitor's Certificate" 'fabrication of Documents' 'misleading the Supreme Court' 'false Swearing' 'misleading Law Cover Solicitor and Counsel' 'fitness to Practise' 'removal From the Roll']

Case Brief

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Procedural Posture

Professional Misconduct Disciplinary Proceedings / Determination and Orders by Majority on an Information Filed by the Law Society Seeking Removal From the Roll

Legal Issues

  1. 1 ["Whether the solicitor's admitted conduct in signing and propounding a false Solicitor's Certificate amounted to professional misconduct." 'Whether fabricating two copy letters, inserting them in a file produced under subpoena, swearing a false Defence and a false Affidavit Verifying List of Documents, and misleading LawCover solicitor and counsel were separate and serious acts of professional misconduct.' "Whether the solicitor's character evidence, stress, contrition and eventual confession justified an order short of removal from the Roll." 'Whether the Tribunal could continue to hold the solicitor out as a fit and proper person to practise.']

Ratio Decidendi

By majority, the Tribunal held that the solicitor's conduct could not properly be characterised as one incident or a single related course of conduct. The false Solicitor's Certificate, the deliberate fabrication of letters, the production of a file containing those letters under subpoena, the false statements to LawCover's panel solicitor and counsel, and the false sworn Defence and discovery affidavit were separate, deliberate and serious breaches of professional obligations. The stress and character evidence did not explain the later conduct in 1992 and 1993. Because the repeated dishonest conduct, including false swearing and deception of the Supreme Court and LawCover, showed...

Court Disposition

The solicitor was found guilty of professional misconduct warranting removal from the Roll by majority.

Orders

  • ['The name of Ian David Plowes be and the same is removed from the Roll of legal practitioners in New South Wales.' 'The costs of the Law Society assessed and agreed at $3,137.00 be paid by the solicitor.']