Brian Barrington Roberts [1994] NSWLST 18

The Legal Services Tribunal of New South Wales

CITATION : Brian Barrington Roberts [1994] NSWLST 18 PARTIES : Brian Barrington Roberts FILE NUMBER(S) : of 1993 CORAM: Mr G B Molloy (Presiding Member) - Ms S. Hale - Mr G. Warwick-Smith CATCHWORDS: Professional Misconduct - forgery :- Forged Will LEGISLATION CITED: Regulation 8 of the Legal Profession (Trust Accounts and Controlled Money) Regulation, 1988 Legal Profession Act 1987 CASES CITED: Law Society v Foreman (1994 4 LPDR 1) DATES OF HEARING: 29 July 1994 and 29 November 1994 DATE OF JUDGMENT: 12/22/1994 LEGAL REPRESENTATIVES: Mr C.M. Simpson (instructed by Mr G.J. Still) for the Law Society of New South Wales. No appearance by the Solicitor.

JUDGMENT:

Plea of guilty by solicitor to charge of uttering a forged Will constitutes an admission by the solicitor that he knew the Will was forged - propounding forged Will in the Supreme Court by filing in that Court a summons for probate and supporting affidavits in respect of a will that the solicitor knew was forged - misappropriation of estate monies - swearing Affidavit of Assets and Liabilities which failed to disclose the liabilities of the solicitor to the Estate - swearing affidavit in the Supreme Court which deposed to legal fees of $15,000.00 when the amount was $26,000.00 - preparing false cheque and false letter of authorisation to bank - professional misconduct - no appearance by solicitor - strike off order made.

On or about 20 October 1990 Ludwig Gertsch was murdered. Some time later, his body was discovered in a decomposed state in the Blue Mountains.

By his alleged last Will and Testament dated 7 September 1990 the deceased appointed the Solicitor as the executor and trustee of his Will, made certain directions as to the payment of various legacies, two of which were in not inconsiderable sums and a third of which was in $200,000.00 to a relative, Bradley Gertsch, who was then a minor, made certain provisions relating to the creation of a life tenancy in a property at Redfern in favour of the deceased's mother and, after her death, to the said Bradley Gertsch and the balance of his estate was to be held by the solicitor in trust for Vince Esposito. The alleged Will was allegedly witnessed by a "N.B. Whillas" and a "Lea Whillas".