Stephen Martin Freeman [1993] NSWLST 4

Stephen Martin Freeman [1993] NSWLST 4

The solicitor's deliberate substitution of a false front page to a contract to avoid a stamp duty penalty, and his later attempts to conceal that conduct, were fraudulent, disgraceful and dishonourable and amounted to professional misconduct. Having regard to the totality of the evidence, including the isolated nature of the conduct, the character evidence and the Law Society's position, the case did not warrant a finding of unfitness to practise; a substantial fine and costs order were sufficient to uphold standards and protect the public interest.

Jurisdiction
Australia
Judgment Date
05 February 1993
Procedural Posture
Professional Disciplinary Proceedings Against a Solicitor / Determination and Orders
Outcome
Professional misconduct found; solicitor fined and ordered to pay costs, with suspension if the fine was not paid within 60 days.
Legal Topics
['professional Misconduct' 'dishonesty' 'alteration of Contract for Sale of Land' 'stamp Duty Penalty' 'solicitor Conduct in Conveyancing']
['legal Profession Discipline'] ['professional Misconduct' 'dishonesty' 'alteration of Contract for Sale of Land' 'stamp Duty Penalty' 'solicitor Conduct in Conveyancing']

Case Brief

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Procedural Posture

Professional Disciplinary Proceedings Against a Solicitor / Determination and Orders

Legal Issues

  1. 1 ["Whether the solicitor's alteration of the contract for sale of land and related conduct amounted to professional misconduct." "Whether the solicitor's conduct showed unfitness to practise or required a protective order." 'What disciplinary orders were appropriate to uphold professional standards and protect the public interest.']

Ratio Decidendi

The solicitor's deliberate substitution of a false front page to a contract to avoid a stamp duty penalty, and his later attempts to conceal that conduct, were fraudulent, disgraceful and dishonourable and amounted to professional misconduct. Having regard to the totality of the evidence, including the isolated nature of the conduct, the character evidence and the Law Society's position, the case did not warrant a finding of unfitness to practise; a substantial fine and costs order were sufficient to uphold standards and protect the public interest.

Court Disposition

Professional misconduct found; solicitor fined and ordered to pay costs, with suspension if the fine was not paid within 60 days.

Orders

  • ['The solicitor pay a fine of $8,000.00 within a period of 60 days from the date of this Order.' 'The solicitor be suspended from practice at the expiration of the said period of 60 days if the said fine shall not have been paid, until it has been paid.' 'The solicitor pay the costs of the Law Society, such costs to...