Jeanine Michele Bellamy [1994] NSWLST 10

Jeanine Michele Bellamy [1994] NSWLST 10

The Solicitor personally witnessed signatures and signed a Solicitor's Certificate representing that the guarantors signed in her presence and that she had explained the documents, when both matters were false. Objectively, such conduct was dishonourable and would be regarded so by solicitors of good repute and competency, and fraud was not required. The conduct therefore constituted professional misconduct, but the mitigating circumstances, including the employer's request, the Solicitor's contrition, character evidence, and the absence of any need for a protective order, justified no fine or suspension, with costs ordered against the Solicitor.

Jurisdiction
Australia
Judgment Date
31 August 1994
Procedural Posture
Professional Disciplinary Complaint / Determination After Hearing
Outcome
The Solicitor was found guilty of professional misconduct. No fine, suspension or striking-off order was imposed. The Solicitor was ordered to pay the Law Society's costs.
Legal Topics
['professional Misconduct' 'false Attestation of Signatures' "false Solicitor's Certificate" 'disciplinary Penalty' 'costs']
['legal Profession Regulation' 'professional Discipline'] ['professional Misconduct' 'false Attestation of Signatures' "false Solicitor's Certificate" 'disciplinary Penalty' 'costs']

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Procedural Posture

Professional Disciplinary Complaint / Determination After Hearing

Legal Issues

  1. 1 ["Whether the Solicitor's purported attestation of guarantors' signatures when she was not present constituted professional misconduct." "Whether signing a Solicitor's Certificate stating that she had explained mortgage and guarantee documents when she had not done so constituted professional misconduct." 'Whether fraud was necessary for a finding of professional misconduct.' 'What penalty, if any, should be imposed after a finding of professional misconduct.']

Ratio Decidendi

The Solicitor personally witnessed signatures and signed a Solicitor's Certificate representing that the guarantors signed in her presence and that she had explained the documents, when both matters were false. Objectively, such conduct was dishonourable and would be regarded so by solicitors of good repute and competency, and fraud was not required. The conduct therefore constituted professional misconduct, but the mitigating circumstances, including the employer's request, the Solicitor's contrition, character evidence, and the absence of any need for a protective order, justified no fine or suspension, with costs ordered against the Solicitor.

Court Disposition

The Solicitor was found guilty of professional misconduct. No fine, suspension or striking-off order was imposed. The Solicitor was ordered to pay the Law Society's costs.

Orders

  • ['The Solicitor pay the costs of the Law Society as if taxed in the Supreme Court of New South Wales on a solicitor and client basis.' 'If agreement cannot be reached as to the amount of such costs either party to have liberty to apply to the Tribunal.']