Law Society of New South Wales v Whitting [2005] NSWADT 150

CITATION: Law Society of New South Wales v Whitting [2005] NSWADT 150 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT William John Whitting FILE NUMBER: 042034 HEARING DATES: 24/05/2005 SUBMISSIONS CLOSED: 05/24/2005 DATE OF DECISION: 07/05/2005

BEFORE: Fox R - Judicial Member; Riordan M - Judicial Member; Kirkby E - Non Judicial Member APPLICATION: Professional Misconduct - falsely attesting signatures MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 Demetrios (1993) 3 LPDR 3 Frazer v The Council of the Law Society of New South Wales [1992] NSW LST 6 Ian Burnham Mitchell (1992) 1 LPDR 6 CASES CITED: Law Society v Lesley Young 1999 NSW ADT 78 Rigelsford (1995) 1 LPDR 1 Thomas Hugh Walker (1995) 2 LPDR 17 Twomey (1992) 6 LPDR 4 REPRESENTATION: P Boyd, solicitor G Walsh, solicitor ORDERS: ORDERS MADE 24 MAY 2005: 1. Pursuant to Section 171 C 3 (e) that the Solicitor be reprimanded; 2. Pursuant to Section 171 C 3 (d) that the Solicitor be fined $5,000.00; 3. Pursuant to Section 171 C 2 (b) that the Solicitor's practice be inspected at six (6) monthly intervals for a period of five (5) years (first inspection November 2005, last inspection May 2010) by Frances Joseph Daly, or another Senior Solicitor appointed by the Law Society, and, pursuant to Section 171 C 2 (c) that the Solicitor seek the advice of that inspecting solicitor in relation to the management of his files and practice, all at the cost of the Solicitor; 4. The Solicitor pay the costs of the Law Society noted to have been agreed at $2,000.00; 5.The fine and the costs be paid within one (1) year of the date hereof; 6. Liberty to apply in case of default.