A Gold Coast lawyer convicted of making false declarations is to be struck off the roll.
Stephen Richard Picken, 75, did not challenge the Legal Services Commission’s (LSC) bid, and in a decision delivered in Brisbane last week, the Queensland Civil and Administrative Tribunal concluded that recommending his removal from the roll was the only course open to it.
Member McMeekin KC considered three charges against Mr Picken:
- that between 8 June and 15 August 2017, he falsely attested the execution by Ms Hind Issa of various loan documents;
- that on 8 June 2017, he falsely certified that he had identified Ms Issa; and
- that on or about 9 June 2017 he engaged in conduct for which he was convicted on 24 March 2020 in Southport Magistrates Court of one offence of false declarations.
Member McMeekin KC said there was no doubt about the facts of the matter.
“Mr Picken was convicted on his own plea of guilty before the Magistrates Court of falsely attesting and falsely certifying as allege,” he said.
“He was sentenced to a term of six months imprisonment, albeit suspended.
“As well, Mr Picken gave evidence before the Honourable Justice Crowley, admitting the conduct of Charge 2, in a civil trial wherein Ms Issa had certain loans and mortgages, obtained because of Mr Picken’s false attestations and certifications, set aside.”
Member McMeekin said the lawyer did not dispute the application or the sanction, and had no intention of seeking to practise again.
“It is self-evident that Mr Picken’s conduct can only be characterised as professional misconduct within the meaning of section 419 of the (Legal Profession) Act,” he said.
“To engage in criminal behaviour, as here, to do so in the course of his legal practise, as here, and thereby assist his client in defrauding a third party, as here, justifies a finding that Mr Picken is not a fit and proper person to engage in legal practice.”
Member McMeekin said mitigating factors included that Mr Picken did not profit from his fraudulent conduct; that he relied on the honesty of his client when certifying and attesting to the forged signatures of the client’s mother; that he co-operated with police; and that he entered an early plea of guilty.
Mr Picken had also practised for more than 40 years and had no other disciplinary matters or other criminal convictions, he said.
However, his “character is indelibly marked by his criminal behaviour”, Member McMeekin said.
“His conduct shows a lack of honesty and integrity, traits which are fundamental to a legal practitioner,” he said.
“To permit his name to remain on the roll would seriously undermine the public’s confidence and trust in the legal profession and fail to deter others who might be inclined to behave in a like manner.”
Mr Picken, who was admitted in 1995, stopped practising on 30 June 2018 and has not held a practising certificate since that date.
He was also ordered to pay costs.
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