Law Society of New South Wales -v- Sachs [1999] NSWADT 17

CITATION: Law Society of New South Wales -v- Sachs [1999] NSWADT 17

DIVISION: Legal Services

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

RESPONDENT: David Lewis Sachs

FILE NUMBER: 9835

HEARING DATES: 22/03/99

SUBMISSIONS CLOSED: 22/03/99

DATE OF DECISION: 22 March 1999

G B Molloy Presiding Judicial Member BEFORE: H A Reed - Judicial Member A Mara - Member

PRIMARY LEGISLATION: Legal Profession Act 1987

APPLICATION: Misleading/deceptive/unfair dealing with client; Professional misconduct - solicitor -

MATTER FOR DECISION: Principal matter

Applicant: L W Pirotti instructed by R J Collins REPRESENTATION: Respondent: I Wales SC instructed by Malleson Stephen Jaques

1. The Respondent be and is hereby reprimanded. ORDERS: 2. The Respondent pay the costs of the Applicant as agreed or in default of agreement as assessed. 3. Leave is granted to the Applicant to apply to this Tribunal for the imposition of any restrictions that it would wish to submit ought to be imposed upon the Respondent's practising certificate if and when the Respondent applies for a practising certificate in the future.

1. The material before this Tribunal is not challenged, neither are the allegations as to fact and in relation to the first five grounds of complaint the solicitor concedes that his conduct constituted professional misconduct but he does not admit in relation to the sixth and final ground that his conduct constituted professional misconduct but submits that it did amount to unsatisfactory professional conduct.