LEGAL PROFESSION COMPLAINTS COMMITTEE and GIUDICE

Giudice was the subject of a complaint which resulted in proceedings before the Legal Profession Complaints Committee. The central issue was whether Giudice's conduct amounted to unsatisfactory professional conduct and professional misconduct, based on allegations that included the preparation of an affidavit containing a false statement and delaying the delivery of a file to a client upon the termination of his retainer. Giudice's conduct also came under scrutiny for his failure to supervise an articled clerk properly.

The court was required to decide whether Giudice's actions constituted unsatisfactory professional conduct and professional misconduct. This involved assessing whether Giudice had recklessly disregarded the truth of a statement in an affidavit, delayed the delivery of a file to a client, and failed to adequately supervise his articled clerk. The court also needed to determine the appropriate sanctions if any misconduct was found.

The court found that Giudice had indeed engaged in unsatisfactory professional conduct by recklessly disregarding whether the statement in the affidavit was true or false. However, the court dismissed the application for a finding of professional misconduct. The court held that while Giudice's conduct was unsatisfactory, it did not reach the threshold of professional misconduct. Consequently, Giudice was found to have engaged in unsatisfactory professional conduct but was not guilty of professional misconduct. The application for a finding of professional misconduct was dismissed. The court imposed a finding of unsatisfactory professional conduct and ordered that the application for professional misconduct be dismissed.