Thomas Hugh Walker [1994] NSWLST 23

The Legal Services Tribunal of New South Wales

CITATION : Thomas Hugh Walker [1994] NSWLST 23 PARTIES : Thomas Hugh Walker FILE NUMBER(S) : of 1993 CORAM: Mr C. Vass (Presiding Member) - Mr J.W. Brennan - Mr N. Reidy CATCHWORDS: :- Falsely attesting to signatures professional misconduct LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: Allinson v General Council of Medical Education and Registration (1894) 1 Q; Law Society of New South Wales v Bannister (1993) 4 LPDR DATES OF HEARING: 11 November 1994. DATE OF JUDGMENT: 12/15/1994 LEGAL REPRESENTATIVES: Mr I. Wales appeared for the Law Society of New South Wales Mr S. Gullotta for the Solicitor.

JUDGMENT:

Solicitor required employed solicitor to attest signatures of five persons to a guarantee when the employed solicitor was not present. Solicitor also required employed solicitor to sign a `solicitor's certificate' certifying that she had explained the nature and effect of the document to the clients when this was not the case. Solicitor guilty of professional misconduct. Solicitor reprimanded and fined $4,000.

BY ITS COMPLAINT THE COUNCIL OF THE LAW SOCIETY OF New South Wales alleged that Thomas Hugh Walker (the solicitor) required his employed solicitor Jeanine Michele Bellamy to attest the signatures of five persons to a guarantee when in fact she was not present at the time that those signatures were ascribed to that document and also required her to sign a document headed "Solicitor's Certificate" certifying to Farrow Mortgage Services Pty Limited that she had explained the nature, effect and contents of a mortgage and guarantee to a mortgagor and guarantors respectively when the solicitor knew that was not in fact the case. The particulars alleged: