Spero Pitsikas [1994] NSWLST 16

Spero Pitsikas [1994] NSWLST 16

Mr Pitsikas was found guilty of professional misconduct for falsely witnessing the Dyclu guarantee and for misleading the lender via a letter stating documents were executed when he had not witnessed the signatures. He was also found guilty of unsatisfactory professional conduct for failing to include an additional security clause in the deed of mortgage as instructed. Other allegations, including negligence and conflict of interest, were not made out.

Parties
Solicitor: Spero Pitsikas; Complainant: Law Society of New South Wales
Jurisdiction
Australia
Judgment Date
14 June 1994
Procedural Posture
Disciplinary / Final Judgment
Outcome
Solicitor found guilty of professional misconduct and unsatisfactory professional conduct on specific counts; fines imposed; partial costs order.
Legal Topics
Professional Misconduct, Unsatisfactory Professional Conduct, Conflict of Interest, Negligence
Legal Profession Professional Discipline Professional Misconduct Unsatisfactory Professional Conduct Conflict of Interest Negligence

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Parties

Spero Pitsikas

Solicitor

Law Society of New South Wales

Complainant

Procedural Posture

Disciplinary / Final Judgment

Legal Issues

  1. 1 Whether the solicitor was guilty of professional misconduct for falsely witnessing a document
  2. 2 Whether the solicitor was guilty of unsatisfactory professional conduct
  3. 3 Whether the solicitor's conduct amounted to a conflict of interest

Ratio Decidendi

Mr Pitsikas was found guilty of professional misconduct for falsely witnessing the Dyclu guarantee and for misleading the lender via a letter stating documents were executed when he had not witnessed the signatures. He was also found guilty of unsatisfactory professional conduct for failing to include an additional security clause in the deed of mortgage as instructed. Other allegations, including negligence and conflict of interest, were not made out.

Court Disposition

Solicitor found guilty of professional misconduct and unsatisfactory professional conduct on specific counts; fines imposed; partial costs order.

Orders

  • Solicitor to pay a fine of $2,000 within 30 days for professional misconduct.
  • Solicitor to pay a fine of $500 within 30 days for unsatisfactory professional conduct.