In Re: Herminie (CS 108/2016) [2016] SCSC 621 (4 September 2016)

In Re: Herminie (CS 108/2016) [2016] SCSC 621 (4 September 2016)

The Respondent engaged in a persistent pattern of professional misconduct, including withholding client funds, overcharging, failing to appear in court, breaching undertakings, and violating statutory and ethical duties under the Legal Practitioners Act, Notaries Act, Stamp Duty Act, and Professional Conduct Rules. His conduct was found to bring the legal profession into disrepute, and he was deemed unfit to practice as an attorney or notary. Removal from the roll and orders for repayment of outstanding debts were warranted to protect the public and maintain the integrity of the profession.

Citation
[2016] SCSC 621
Parties
Respondent: William Herminie
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 September 2016
Case Number
CS 108/2016
Procedural Posture
Attorney Disciplinary Proceedings / Judgment
Outcome
Removal from the roll as attorney-at-law and notary; orders for repayment of outstanding debts; provision for calling in sureties in case of default.
Legal Topics
Attorney Misconduct, Professional Conduct Rules, Notaries Act Breach, Stamp Duty Act Breach, Client Money Mismanagement, Disciplinary Sanctions
Source Language
English
Legal Profession Regulation Professional Discipline Attorney Misconduct Professional Conduct Rules Notaries Act Breach Stamp Duty Act Breach Client Money Mismanagement Disciplinary Sanctions

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Parties

William Herminie

Respondent

Procedural Posture

Attorney Disciplinary Proceedings / Judgment

Legal Issues

  1. 1 Whether William Herminie is a fit and proper person to practice law and act as a notary
  2. 2 Whether he breached the Legal Practitioners Act, Notaries Act, Stamp Duty Act, and Professional Conduct Rules
  3. 3 Whether all professional conduct complaints against him have been resolved to the satisfaction of clients

Ratio Decidendi

The Respondent engaged in a persistent pattern of professional misconduct, including withholding client funds, overcharging, failing to appear in court, breaching undertakings, and violating statutory and ethical duties under the Legal Practitioners Act, Notaries Act, Stamp Duty Act, and Professional Conduct Rules. His conduct was found to bring the legal profession into disrepute, and he was deemed unfit to practice as an attorney or notary. Removal from the roll and orders for repayment of outstanding debts were warranted to protect the public and maintain the integrity of the profession.

Court Disposition

Removal from the roll as attorney-at-law and notary; orders for repayment of outstanding debts; provision for calling in sureties in case of default.

Orders

  • Respondent removed from the roll as attorney-at-law and notary.
  • Respondent to pay all outstanding debts to specified complainants and creditors with interest as detailed in the judgment.