Salvatore Antonio LA SPINA

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Employed solicitor La Spina admitted falsely witnessing a statutory declaration signature (of Senior Sergeant Cash) which had not been executed in his presence, while helping his then partner Cottell with domestic violence matters. He conceded this amounted to professional misconduct. He promptly decided not to use the declaration, referred Cottell to independent solicitors, and later cooperated fully with police against Cottell (who forged his signature and attempted to blackmail him), admitting his own misconduct. The Tribunal found professional misconduct but, given powerful mitigating factors and the exceptional circumstances (no personal gain, document never used, genuine remorse, assistance to criminal justice, resisting blackmail), declined to make any order under s 456 and made no costs order. No express finding of dishonesty was made.

Duties found breached:

• Cease acting on client perjury or disobedience
• No own-interest conflict

Aggravating factors:

• Serious breach of the ethical standards required of legal practitioners

Mitigating factors:

• Conduct not done for personal gain or with improper motive (feared for safety of Cottell and her children)
• Document was never used in any proceedings
• Prompt repentance and recognition of impropriety
• Referred client to other solicitors
• Took steps to ensure courts were not misled, knowingly exposing himself to disciplinary action
• Cooperated with police at significant personal cost, admitting his own misconduct, assisting administration of criminal justice
• Full admissions, cooperation with the Commissioner and genuine remorse
• Otherwise unblemished record
• Resisted blackmail attempts by Cottell