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Solicitor reprimanded for ‘substantial’, decade-old mistake
An “inappropriate” decision to prepare a will for a member of his own family more than a decade ago has caught up with an NSW solicitor.
Naomi Neilson
In the context of “family disharmony”, a solicitor – whose name has been suppressed – procured false attestations to a will that was executed prematurely on behalf of a family member.
The NSW Law Society commenced proceedings in the NSW Civil and Administrative Tribunal (NCAT), and the solicitor was found to be guilty of professional misconduct earlier this month.
NCAT deputy president Susanne Cole, together with tribunal members Aaron Suthers and Elayne Hayes, noted it was an “isolated incident” and that the solicitor “admits he knew at the time that what he did when engaging in the conduct was wrong”.
“The conduct would have been inappropriate irrespective of the nature of the document in question,” the members found.
“However, it cannot be overlooked that a will is a document of particular importance and solemnity.
“Any legal practitioner involved in the preparation and execution of a will should have a heightened sense of focus and obligation to ensure the necessary requirements are observed.”
In the judgment, the tribunal members said a failure to adhere to the “stringent requirements” in executing a will can render the document invalid. They added it is often not discovered “until it is too late”.
“That risk should have been obvious to the solicitor, which also adds to the seriousness of the conduct.
“The conduct was unsatisfactory professional conduct that constitutes a substantial failure to maintain a reasonable standard of care and diligence,” they wrote.
Having found the solicitor guilty of professional misconduct, the tribunal ordered a reprimand, that he pay a fine and complete further education at his own expense.
In considering the appropriate amount for the fine, NCAT acknowledged the solicitor has “accepted the need to obtain assistance, both in ongoing training as directed by the Law Society and through treatment by a psychologist, to address the impact any such stressors may have had on him in the future and to ensure they do not lead to him to fall into similar lapses of judgment”.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
