Qld lawyer with criminal conviction for signature failure faces strike-off

Between June and August 2017, Picken falsely attested a client’s execution on various loan documents and falsely certified he had identified her doing so, in accordance with the requirements of a Combined Appointment as Identified Certificate.

Three years later, Picken pleaded guilty in the Magistrates Court of Queensland to a charge of making a false declaration. He was convicted and sentenced to a suspended six-month jail sentence.

The Honourable judicial member Duncan McMeekin KC, with assistance from practitioner panel member Petrina Macpherson and lay panel member Dr Julian Lamont, said it was “self-evident” Picken’s conduct can “only be characterised as professional misconduct”.

“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 Picken is not a fit and proper person to engage in legal practise,” McMeekin said.

Referring to mitigating factors, McMeekin noted Picken relied on the honesty of his client when certifying and attesting to the forged signature and later cooperated with police in their investigations.

Picken was under “considerable stress” at the time of his offending conduct because he was caring for an unwell family member.

Despite this, the tribunal said there was “only one course open”.

“His conduct is indelibly marked by his criminal behaviour. His conduct shows a lack of honesty and integrity, traits which are fundamental to a legal practitioner,” McMeekin 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.”

The case: Legal Services Commissioner v Picken [2025] QCAT 224