Ellen Louise Weingarth [1993] NSWLST 12

Ellen Louise Weingarth [1993] NSWLST 12

Signing and attesting documents as a witness when not present at the execution constitutes professional misconduct, regardless of personal circumstances or lack of financial prejudice to clients.

Parties
Solicitor: Ellen Louise Weingarth; Complainant: The Law Society of New South Wales
Jurisdiction
Australia
Judgment Date
17 March 1993
Procedural Posture
Disciplinary Proceedings / Determination and Orders
Outcome
The solicitor was found guilty of professional misconduct and fined.
Legal Topics
Professional Misconduct, False Attestation, Solicitor Ethics
Professional Discipline Legal Profession Professional Misconduct False Attestation Solicitor Ethics

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Parties

Ellen Louise Weingarth

Solicitor

The Law Society of New South Wales

Complainant

Procedural Posture

Disciplinary Proceedings / Determination and Orders

Legal Issues

  1. 1 Whether Ellen Louise Weingarth committed professional misconduct by falsely attesting mortgage documents and a statutory declaration

Ratio Decidendi

Signing and attesting documents as a witness when not present at the execution constitutes professional misconduct, regardless of personal circumstances or lack of financial prejudice to clients.

Court Disposition

The solicitor was found guilty of professional misconduct and fined.

Orders

  • The solicitor be fined $1,000.00.
  • The sum to be paid within three months from the date of the order, failing which the solicitor is to be suspended from practice until paid.