Steven John Doran [1996] NSWLST 4

The Legal Services Tribunal of New South Wales

CITATION : Steven John Doran [1996] NSWLST 4 PARTIES : Steven John Doran FILE NUMBER(S) : of 1995 CORAM: Mr R. Clisdell (Chairman) - Ms S Carr-Gregg - Dr M. Costigan CATCHWORDS: Unsatisfactory Professional Conduct - falsely witnessing a document :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: In the matter of Wayne Patrick Rigney DATES OF HEARING: 18 June 1996 and 3 July 1996 DATE OF JUDGMENT: 08/07/1996 LEGAL REPRESENTATIVES: Mr N. Nicholls instructed by Mr G. Still for the Law Society Mr P. Neil instructed by Mr W. Beilby for the Solicitor.

JUDGMENT:

Solicitor purported to witness a number of affidavits signed by an executor in support of a probate application – Solicitor was on the premises but not physically present when documents signed – Oath not administered – Documents filed in the Supreme Court and Probate granted – Tribunal rejects submission that conduct amounts to unsatisfactory professional conduct – Finding of professional misconduct – Solicitor fined and ordered to pay costs. Complaint By resolution dated 13 October 1994 the Law Society Council pursuant to section 155 Legal Profession Act made a complaint that the Solicitor was guilty of professional misconduct in that he purported to attest that he had administered an oath to Ernest William Graham and witnessed his signature in the swearing of Affidavits lodged in support of an application for Probate when the Solicitor was not in fact present to administer the oath or to witness such signature. Facts The Law Society tendered statutory declarations from Garry James Still, Ernest William Graham and Rosalie Ann Graham. Mr and Mrs Graham gave oral evidence. The Solicitor tendered two statutory declarations made by himself, three statutory declarations from Jan Brudzinski and a statutory declaration from Kathleen Wiggins. All gave oral evidence. On or about the 30 April 1993 the Solicitor arranged for a Will to be prepared for his friend Ian McDonald. Mr McDonald died on 10 May 1993. In his will Mr McDonald appointed Mr Ernest Graham to be his Executor. The firm Doran Roberts & Co received instructions to apply for a grant of probate of the late Mr McDonald's will. An experienced probate clerk Mr J Brudzinski prepared the various affidavits and Summons in the Solicitor's office.