Salvatore Antonio LA SPINA

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

Solicitor La Spina falsely witnessed a statutory declaration in 2005, purportedly signed by a police officer he had never met, while helping his then-partner Cottell in domestic violence matters. He admitted the conduct amounted to professional misconduct. He later cooperated with police against Cottell (who had forged his signature and attempted to blackmail him) at significant personal cost. The Tribunal found professional misconduct but held the case exceptional - general deterrence was met by the finding itself, no need for individual deterrence or protection of the public - and made no order at all under s 456, and no costs order given exceptional circumstances under s 462. No express finding of dishonesty was made.

Duties found breached:

• No own-interest conflict
• No baseless or threatened misconduct report

Aggravating factors:

• Serious breach of ethical standards required of legal practitioners

Mitigating factors:

• Conduct not done for personal gain or improper motive - believed the client and her children were in danger
• The declaration was never used in proceedings
• Promptly repented and referred client to independent solicitors
• Took steps to ensure neither Magistrates Court was misled, knowingly exposing himself to disciplinary action
• Cooperated fully with police against Cottell at significant personal cost, admitting own misconduct
• Full admissions and cooperation with the Commissioner
• Genuine remorse
• Otherwise unblemished record