Law Society of New South Wales -v- Boland [2001] NSWADT 151

CITATION: Law Society of New South Wales -v- Boland [2001] NSWADT 151 DIVISION: Legal Services Division APPLICANT Council of the Law Society of New South Wales PARTIES: RESPONDENT Marcus Stephen Boland FILE NUMBER: 002012 HEARING DATES: 24/07/2001 SUBMISSIONS CLOSED: 07/24/2001 DATE OF DECISION: 09/13/2001

BEFORE: Macfarlan R QC - Judicial Member; Staff C - Judicial Member; Brehe D - Member APPLICATION: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - fail to keep accounts - Professional Misconduct - mislead Law Society/Bar Association/LSC MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 Allinson -v- General Council of Medical Education & Registration (1894) 1 QB 750 CASES CITED: Law Society of NSW -v- Foreman (1994) 34 NSWLR 408 Gill -v- Walton (1991) 25 NSWLR 90 APPLICANT REPRESENTATION: P Boyd, solicitor RESPONDENT N Eddy, solicitor ORDERS: 1. That the Legal Practitioner be and he is hereby publicly reprimanded; 2. That a practising certificate not be issued to the Legal Practitioner until a period of five years has expired from the date of these orders; 3. That upon commencing to again practice as a Legal Practitioner, the Legal Practitioner's practising certificate be endorsed with a condition restricting the Legal Practitioner for a period of three years from acting as a Solicitor otherwise than in the course of employment by a Solicitor holding an unrestricted practising certificate; 4. That the Legal Practitioner undertake and satisfactorily complete the Best Practice Management course, or its equivalent (to be determined by the Manager Professional Standards Department of the Law Society of New South Wales) prior to being issued with a practising certificate; 5. The Legal Practitioner pay the costs of the Council of the Law Society as agreed or as assessed.