Thomas Hugh Walker [1994] NSWLST 23

Procedural Posture

Professional Misconduct Complaint / Determination and Orders After Hearing

Legal Issues

1. 1 ['Whether the solicitor committed professional misconduct by requiring his employed solicitor to attest signatures to a guarantee when she was not present when the signatures were subscribed.' "Whether the solicitor committed professional misconduct by requiring his employed solicitor to sign a solicitor's certificate stating that she had explained the nature, effect and contents of mortgage and guarantee documents when he knew that was not the case." 'What disciplinary orders should be made in light of the misconduct and mitigating evidence as to character.']

Ratio Decidendi

A solicitor who requests another solicitor, particularly a much junior employed solicitor, to attest signatures when the signatories did not sign in that solicitor's presence and to sign a certificate stating that documents were executed in that solicitor's presence and explained by that solicitor, engages in conduct that would be regarded as disgraceful and dishonourable by professional peers of good repute and competency. Mr Walker was therefore guilty of professional misconduct, but his good character and the absence of any fitness-to-practise issue meant that reprimand, fine and costs were appropriate rather than striking off or suspension apart from suspension for non-payment of the...

Court Disposition

Solicitor found guilty of professional misconduct, reprimanded, fined, and ordered to pay costs.

Orders

• ['The solicitor is reprimanded.' 'The solicitor be fined $4000.00.' 'The said sum be paid within one year from the date of this order and that thereafter the solicitor be suspended from practice until the said sum be paid.' 'The solicitor pay the costs of the Society such costs to be assessed on a solicitor and...