Council of the Law Society of NSW v Clapin (No 2)

The Law Society of NSW initiated proceedings against Clapin, a registered solicitor, seeking a declaration of professional misconduct and consequential orders. The Society alleged that Clapin had acted dishonourably by providing false and misleading evidence to the court in a proceeding where Clapin was representing a client. The matter was heard in the Supreme Court of New South Wales, where Justice Leeming was the presiding judge.

The primary legal issue before the court was whether Clapin's conduct amounted to professional misconduct warranting the imposition of the sought-after orders. The Society argued that Clapin's actions in providing false evidence were dishonourable and constituted professional misconduct under the Legal Profession Act 2004. Clapin, on the other hand, maintained that his actions were not dishonourable and did not warrant such a severe penalty. The court had to consider the evidence presented and the relevant legal standards to determine whether the allegations were substantiated and if the proposed orders were appropriate.

Justice Leeming found that Clapin's conduct did indeed constitute professional misconduct. The judge emphasised that providing false and misleading evidence to the court was a serious breach of the legal profession's ethical standards and an affront to the administration of justice. The judge concluded that the orders sought by the Society were appropriate and necessary to protect the public and maintain the integrity of the legal profession. The judge declared that Clapin's name should be removed from the Roll of Local Lawyers and ordered Clapin to pay the costs of the proceedings.

The court's final orders were that Clapin's name be removed from the Roll of Local Lawyers and that Clapin pay the costs of the Society's proceedings.