Francis Piper [1994] NSWLST 8

Francis Piper [1994] NSWLST 8

The Solicitor's conduct in falsely witnessing signatures on two Deeds of Loan and Guarantee and in signing affidavits as if they had been sworn before him, when the relevant persons were not present and no oath had been administered, was disgraceful and dishonourable, involved fraudulent false representations to the lender, its solicitors and the District Court, and constituted professional misconduct. In light of the Solicitor's admissions, self-reporting, contrition, isolated course of conduct, personal consequences and low risk of reoffending, the protective public interest was best served by a fine and costs rather than removal from practice.

Jurisdiction
Australia
Judgment Date
09 June 1994
Procedural Posture
Professional Misconduct Disciplinary Complaint Under the Legal Profession Act 1987 / Determination After Hearing; Decision Reserved and Orders Made
Outcome
Professional misconduct established; fine and costs ordered, with suspension if the fine is not paid within six months.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'false Witnessing of Signatures' 'affidavits Not Sworn Before Solicitor' 'protective Disciplinary Orders' 'costs']
['legal Profession Regulation' 'professional Discipline'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'false Witnessing of Signatures' 'affidavits Not Sworn Before Solicitor' 'protective Disciplinary Orders' 'costs']

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Procedural Posture

Professional Misconduct Disciplinary Complaint Under the Legal Profession Act 1987 / Determination After Hearing; Decision Reserved and Orders Made

Legal Issues

  1. 1 ['Whether the Solicitor was guilty of professional misconduct by signing loan agreements as attesting witness to signatures he did not attest.' 'Whether the Solicitor was guilty of professional misconduct by signing affidavits as if he had administered oaths and attested signatures when he had not.' 'What disciplinary orders should be made following findings of professional misconduct.']

Ratio Decidendi

The Solicitor's conduct in falsely witnessing signatures on two Deeds of Loan and Guarantee and in signing affidavits as if they had been sworn before him, when the relevant persons were not present and no oath had been administered, was disgraceful and dishonourable, involved fraudulent false representations to the lender, its solicitors and the District Court, and constituted professional misconduct. In light of the Solicitor's admissions, self-reporting, contrition, isolated course of conduct, personal consequences and low risk of reoffending, the protective public interest was best served by a fine and costs rather than removal from practice.

Court Disposition

Professional misconduct established; fine and costs ordered, with suspension if the fine is not paid within six months.

Orders

  • ['That the Solicitor pay a fine of Seven thousand five hundred dollars ($7,500) within a period of six (6) months from the date of this order.' 'That the Solicitor be suspended from practice at the expiration of the said period of six (6) months if the said fine shall not have then been paid and that such suspension...