Law Society of New South Wales -v- Ciampa [1999] NSWADT 13

CITATION: Law Society of New South Wales -v- Ciampa [1999] NSWADT 13

DIVISION: Legal Services

APPLICANT: The Council of the Law Society of New South Wales

RESPONDENT: Carmelo Ciampa

FILE NUMBER: 9720

HEARING DATES: 07/10/98; 08/12/98

SUBMISSIONS CLOSED: 22/12/98

DATE OF DECISION: 24 March 1999

A T Martin Presiding Judicial Member BEFORE: R F Turner - Judicial Member P O Miller - Member

PRIMARY LEGISLATION: Legal Profession Act 1987

APPLICATION: Prescribed statutory/professional rules breach; Professional misconduct - solicitor -

MATTER FOR DECISION: Principal matter

Applicant: L W Pierotti instructed by R J Collins REPRESENTATION: Respondent: In person

1. The Respondent be and is hereby reprimanded. ORDERS: 2. The Respondent to pay a fine of $10,000 within 90 days. 3. A Practising Certificate not to be issued to the Respondent until the expiration of 3 years from the date of decision. 4. The Respondent to pay such costs of the Applicant (including the costs of the handwriting expert but excluding the costs of 7 October 1998) as may be agreed between the parties or as may be determined by the Tribunal.

1 The Council of the Law Society (the "Society") has by its Amended Information of 31 July 1998 complained of professional misconduct against Carmelo Ciampa (the "Solicitor").

2 The grounds of the complaint are: + that between October 1994 and 30 June 1995, in contravention of the conditions of his Practising Certificate issued by the Society, + the Solicitor acted as a solicitor on his own account for Mrs Kay May; + that between 1 July 1995 and 6 September 1995, the Solicitor acted as a solicitor for Mrs Kay May without being a holder of a Practising Certificate issued by the Society; + that the Solicitor acted for T E Cranney and E H Gallo and R W & K Stanshall in breach of the conditions of his Practising Certificate; + that the Solicitor attempted to mislead the Society in its investigation.