Legal Services Commissioner v Wen [2016] NSWCATOD 36

Legal Services Commissioner v Wen [2016] NSWCATOD 36

The respondent's conduct in forging a client's signature, making a false attestation, and filing a false affidavit constituted professional misconduct. However, having regard to his youth, inexperience, lack of adequate supervision, shame and remorse, isolated nature of the misconduct, and prospects of not reoffending, the Tribunal found that a suspension of the practising certificate (rather than removal from the roll) coupled with further conditions is the appropriate order to protect the public and maintain confidence in the legal profession.

Jurisdiction
Australia
Judgment Date
04 April 2016
Procedural Posture
Professional Discipline / Final Orders After Hearing
Outcome
The Tribunal finds the respondent guilty of professional misconduct.
Legal Topics
['professional Misconduct' 'forgery' 'false Affidavit' 'legal Ethics' 'disciplinary Orders']
['professional Discipline' 'legal Profession'] ['professional Misconduct' 'forgery' 'false Affidavit' 'legal Ethics' 'disciplinary Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Professional Discipline / Final Orders After Hearing

Legal Issues

  1. 1 ["Whether the respondent is guilty of professional misconduct under the Legal Profession Act 2004 for forgery of a deponent's signature, false attestation, and lodgment of a false affidavit with the court" 'Appropriate disciplinary order: whether strike off, suspension, or other measures are warranted']

Ratio Decidendi

The respondent's conduct in forging a client's signature, making a false attestation, and filing a false affidavit constituted professional misconduct. However, having regard to his youth, inexperience, lack of adequate supervision, shame and remorse, isolated nature of the misconduct, and prospects of not reoffending, the Tribunal found that a suspension of the practising certificate (rather than removal from the roll) coupled with further conditions is the appropriate order to protect the public and maintain confidence in the legal profession.

Court Disposition

The Tribunal finds the respondent guilty of professional misconduct.

Orders

  • ["The respondent's practising certificate is suspended for a period of 3 months, suspension to take effect not later than seven days from the date of these orders." "The respondent's further practising certificate is to be endorsed with a condition that within 6 months from the date of these orders he is required to...