VEGHELYI v THE LAW SOCIETY OF NEW SOUTH WALES [1995] NSWCA 483

VEGHELYI v THE LAW SOCIETY OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, MAHONEY and PRIESTLEY JJA 8 February 1995, 6 October 1995

LEGAL PRACTITIONERS — solicitor — professional misconduct — gross overcharging — whether wilful — payments out of trust accounts — absence of authority of clients — held: Appeal dismissed — removal from roll confirmed.

LEGAL PRACTITIONERS — solicitor — professional misconduct — threat to barrister/arbitrator following award in litigation involving solicitor — held: Disgraceful — and dishonourable professional misconduct at common law.

WORDS and PHRASES — "for or on behalf of"

LEGAL PRACTITIONERS — professional misconduct — gross overcharging of clients — Legal Profession Disciplinary Tribunal finds that solicitor has grossly overcharged a number of clients — typical case involved charge of $1,304 for completed sale whereas scale fee, in the absence of agreement, was $173 — finding on the evidence that overcharging was wilful — finding in certain cases that solicitor paid funds out of trust accounts without authority of client — held: Except in respect of two cases, the Court of Appeal should in the appeal, come to the same conclusions adverse to the solicitor as the Tribunal did and should confirm the Tribunal's order that the solicitor's name be removed from the roll of solicitors New South Wales Crime Commission v Fleming; New South Wales Crime Commission v Heal (1991) 24 NSWLR 116 (CA), considered.

LEGAL PRACTITIONERS — solicitor — misconduct — solicitor involved in litigation — litigation referred by Local Court to arbitration by barrister — upon publication of an award adverse to the solicitor, he writes to arbitrator asserting bias and his intention "to take action to ensure that you will never ever arbitrate another action again" — threat that "when we meet again it will not be a meeting