NSW Legal Services Commissioner v Lal [2022] NSWCATOD 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Legal Services Commissioner v Lal [2022] NSWCATOD 144 Hearing dates: 6 October 2022 Date of orders: 15 November 2022 Decision date: 15 November 2022 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President A D Suthers, Principal Member, Emeritus Professor P J Foreman AM, General Member Decision: Having found the respondent guilty of professional misconduct, we make the following orders: (1) The respondent is reprimanded. (2) The respondent is to undertake and complete, at her own expense, within 12 months of the date of these orders, a course in legal ethics that is approved by the Legal Services Commissioner. (3) Within seven days of receiving notification of the result of her participation in the course in legal ethics referred to in order (2), the respondent must provide the original of that notification to the Legal Services Commissioner. (4) Should the respondent fail to achieve a pass mark in the course in legal ethics referred to in order (2), she shall undertake a further course in legal ethics approved by the Legal Services Commissioner, within the 12 month period referred to in order (2). (5) If the respondent does not achieve a pass mark, in a course in legal ethics approved by the Legal Services Commissioner, within 12 months of the date of these orders, then her Practising Certificate shall be suspended until she achieves such pass mark. If, at the expiration of 12 months from the date of these orders, the respondent does not hold a Practising Certificate, then no further Practising Certificate shall be issued to her until such time as she achieves a pass mark in a course of legal ethics approved by the Legal Services Commissioner. (6) The respondent is to pay the costs of the applicant in the amount of $3,000. Catchwords: OCCUPATIONS — Legal practitioners — Solicitors — Professional misconduct Legislation Cited: Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 Legal Profession Uniform Admission Rules 2015 Legal Profession Uniform General Rules 2015 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1QB 750 Council of the Law Society of NSW v Webb [2013] NSWCA 423 Council of the New South Wales Bar Association v Butland [2009] NSWADT 177 Council of the NSW Bar Association v EFA [2021] NSWCA 339 Legal Services Commissioner v Maddock [2021] NSWCATOD 46 Legal Services Commissioner v Wen [2016] NSWCATOD 36 The Council of the New South Wales Bar Association v Sahade [2007] NSWCA 145 Xu v Council of the Law Society of NSW [2009] NSWCA 430 Youssef v NSW Legal Services Commissioner [2020] NSWCATOD 85 Category: Principal judgment Parties: NSW Legal Services Commissioner (Applicant) Laura Sandra Lal (Respondent) Representation: Counsel: M Kalyk (Respondent)