THE LAW SOCIETY OF NEW SOUTH WALES v JACKSON TAKWAI LEE [1988] NSWCA 82

THE LAW SOCIETY OF NEW SOUTH WALES v JACKSON TAKWAI LEE

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KirByY P, MCHUGH and CLARKE JJA 1 February 1988, 2 February 1988 [1988] NSWCA 82

LEGAL PRACTITIONERS — solicitor — removed from Roll — continues to practise as solicitor — office kept open — signs displayed — authority sent to solicitors in conveyancing transaction — receptionist holds out as entitled to perform work normally done by solicitors — remains in former offices — held: (1) Evidence establishes that former solicitor acted in wilful breach of order of Solicitors Statutory Committee; (2) Such breach amounts to contempt of court. In re Walker (1888) 9 NSWR 69; Ex parte Law Society of New South Wales; Re Kenyon [1970] 3 NSWR 343 applied; (3) wilful breach of such orders normally requires imprisonment as punishment and to vindicate order of removal from the Rolls; (4) But in present circumstances where the former solicitor apologised, called evidence of past community service and marital and financial difficulties as well as psychiatric opinion and had given an undertaking to the Court which he had not since given been breached, it was sufficient to admonish him.

Legal practitioners Act 1898, s76. Legal Profession Act 1987, s115(4) Orders The Court:- (1) Finds that Jackson Takwai Lee has committed contempt of court. (2) Orders that he be admonished for his contempt. (3) Orders that he pay the costs of the Law Society of and incidental to these proceedings as between solicitor and client. (4) Notes the undertaking given by him to the Court on 12 November 1987, which continues in its terms until further order of the court and which the Court expects Mr Lee strictly and faithfully to comply with.

Kirby P These proceedings concern a former solicitor who has continued to practise despite his removal from the Roll of Solicitors.