Luigi Polito [1994] NSWLST 9

Luigi Polito [1994] NSWLST 9

Luigi Polito’s conduct in witnessing the signatures of mortgagors when they were not present, and attesting to their presence as a solicitor, constitutes professional misconduct. The conduct occurred during the course of his practice as a solicitor, given that the documents were dealt with in his office, signed with his professional designation, and forwarded in that professional capacity.

Jurisdiction
Australia
Judgment Date
17 May 1994
Procedural Posture
Disciplinary / Final Judgment
Outcome
guilty of professional misconduct
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'false Witnessing of Documents']
['professional Discipline'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'false Witnessing of Documents']

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

Disciplinary / Final Judgment

Legal Issues

  1. 1 ['Whether the respondent solicitor committed professional misconduct by falsely witnessing a variation of mortgage document when the mortgagors were not present' 'Whether the conduct occurred during the course of practice as a solicitor']

Ratio Decidendi

Luigi Polito’s conduct in witnessing the signatures of mortgagors when they were not present, and attesting to their presence as a solicitor, constitutes professional misconduct. The conduct occurred during the course of his practice as a solicitor, given that the documents were dealt with in his office, signed with his professional designation, and forwarded in that professional capacity.

Court Disposition

guilty of professional misconduct

Orders

  • ['The Solicitor be fined $1,000.' 'The said sum to be paid within 3 months from the date of this order and thereafter the Solicitor be suspended from practice until the said fine be paid.' 'The Solicitor pay the costs of the Society, such costs to be assessed on a solicitor and client basis as if taxed in the...