Vincent Cofini [1994] NSWLST 25

Vincent Cofini [1994] NSWLST 25

The solicitor's deliberate participation in a scheme using the fictitious name "John Shepherd" to mislead St George, his false documents and statutory declarations, his alteration of an independent Solicitor's Certificate to deceive the lender, and his deceitful breach of an undertaking constituted serious professional misconduct. The seriousness, deliberateness and repeated nature of the misconduct showed that he was not a fit and proper person to remain on the Roll of Solicitors in New South Wales.

Jurisdiction
Australia
Judgment Date
18 November 1994
Procedural Posture
Professional Misconduct Disciplinary Complaint Against a Solicitor / Determination and Orders of the Legal Services Tribunal of New South Wales
Outcome
The solicitor was found guilty of professional misconduct on the false representation, false document, alteration of certificate, and breach of undertaking matters; other complaints were dismissed or found not made out; his name was removed from the Roll of Solicitors in New South Wales.
Legal Topics
['false Representations to Lender' 'false Statements in Documents' "alteration of Solicitor's Certificate" 'breach of Undertaking' 'wilful Breach of Trust Account Requirements' 'independent Advice in Loan Transactions' 'compensation Orders and Fidelity Fund Claims']
['legal Profession Disciplinary Law' 'professional Misconduct' "solicitors' Undertakings" 'trust Accounting' 'fiduciary Duties'] ['false Representations to Lender' 'false Statements in Documents' "alteration of Solicitor's Certificate" 'breach of Undertaking' 'wilful Breach of Trust Account Requirements' 'independent Advice in Loan Transactions' 'compensation Orders and Fidelity Fund Claims']

Case Brief

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Procedural Posture

Professional Misconduct Disciplinary Complaint Against a Solicitor / Determination and Orders of the Legal Services Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the solicitor induced St George Commercial Credit Corporation Limited to make advances through false representations involving the name "John Shepherd".' 'Whether the solicitor signed false statements in documents and statutory declarations.' "Whether the solicitor altered a Solicitor's Certificate after execution to deceive St George." 'Whether the solicitor breached an undertaking given to solicitors for Pegasus Leasing Limited.' 'Whether the solicitor wilfully breached s.41 or s.42 of the Legal Practitioners Act, 1898.' 'Whether the solicitor wilfully breached paragraph 27 of the Legal Profession Regulations, 1987.' 'Whether the solicitor acted in breach of fiduciary duty or preferred his own interests to the detriment of Mr Faraone.' 'Whether the Tribunal had jurisdiction to deal with the Panebianco claim as a complaint under s.130 of the Legal Profession Act, 1987.']

Ratio Decidendi

The solicitor's deliberate participation in a scheme using the fictitious name "John Shepherd" to mislead St George, his false documents and statutory declarations, his alteration of an independent Solicitor's Certificate to deceive the lender, and his deceitful breach of an undertaking constituted serious professional misconduct. The seriousness, deliberateness and repeated nature of the misconduct showed that he was not a fit and proper person to remain on the Roll of Solicitors in New South Wales.

Court Disposition

The solicitor was found guilty of professional misconduct on the false representation, false document, alteration of certificate, and breach of undertaking matters; other complaints were dismissed or found not made out; his name was removed from the Roll of Solicitors in New South Wales.

Orders

  • ['The name of Vincent Cofini be and the same is removed from the Roll of Solicitors in New South Wales.' 'The costs of the Law Society, excluding all costs in relation to matter No. 31 of 1994 and all costs in relation to the Panebianco aspects of matter No. 25 of 1993, be paid by the solicitor, such costs to be...