David John Twomey [1992] NSWLST 19

David John Twomey [1992] NSWLST 19

The solicitor purported to personally witness Mrs Tran's signature on a guarantee mortgage and acknowledgment when he had not witnessed it, had no direct instructions from her, was unfamiliar with her signature, and knew the State Bank would rely on the documents to advance money; the signature was in fact forged. That conduct would be regarded as disgraceful or dishonourable by solicitors of good repute and competency and therefore amounted to common law professional misconduct, although the solicitor remained a fit and proper person to practise and his contrition, restitution, and previously good character affected penalty.

Jurisdiction
Australia
Judgment Date
08 September 1992
Procedural Posture
Professional Disciplinary Complaint / Hearing and Orders Before the Legal Profession Disciplinary Tribunal
Outcome
The solicitor was found guilty of professional misconduct and ordered to pay a fine and costs, with suspension if the fine was not paid within 30 days.
Legal Topics
['professional Misconduct' 'false Witnessing of Signature' 'mortgage Documents' 'guarantee Mortgage' "solicitor's Duties"]
['legal Profession Disciplinary Law'] ['professional Misconduct' 'false Witnessing of Signature' 'mortgage Documents' 'guarantee Mortgage' "solicitor's Duties"]

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Procedural Posture

Professional Disciplinary Complaint / Hearing and Orders Before the Legal Profession Disciplinary Tribunal

Legal Issues

  1. 1 ["Whether the solicitor's conduct in purporting to witness Mrs Tran's signatures on mortgage and acknowledgment documents when he had not witnessed them amounted to professional misconduct or only unsatisfactory professional conduct." "What order should be made in response to the solicitor's conduct."]

Ratio Decidendi

The solicitor purported to personally witness Mrs Tran's signature on a guarantee mortgage and acknowledgment when he had not witnessed it, had no direct instructions from her, was unfamiliar with her signature, and knew the State Bank would rely on the documents to advance money; the signature was in fact forged. That conduct would be regarded as disgraceful or dishonourable by solicitors of good repute and competency and therefore amounted to common law professional misconduct, although the solicitor remained a fit and proper person to practise and his contrition, restitution, and previously good character affected penalty.

Court Disposition

The solicitor was found guilty of professional misconduct and ordered to pay a fine and costs, with suspension if the fine was not paid within 30 days.

Orders

  • ['The solicitor pay a fine of $4,000.00 within a period of 30 days from the date of this Order.' 'The solicitor be suspended from practice at the expiration of the said period of 30 days if the said fine shall not have been paid until it has been paid.' 'The solicitor pay the costs of the Law Society, such costs to...