La Fontaine & anor v Law Society of NSW [2006] NSWADT 244

CITATION: La Fontaine & anor v Law Society of NSW [2006] NSWADT 244

DIVISION: Legal Services Division

APPLICANTS PARTIES: Peter Alan La Fontaine & Kenneth Clive Peet RESPONDENT Council of the Law Society of New South Wales

FILE NUMBER: 062002

HEARING DATES: 31/05/2006

SUBMISSIONS CLOSED: 05/31/2006

DATE OF DECISION: 08/15/2006

BEFORE: Karpin A - ADCJ (Deputy President); Clisdell RJ - Judicial Member; Bennett C - Non Judicial Member

CATCHWORDS: Approval of employment of a person convicted of serious offence

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Legal Profession Act 2004

CASES CITED: Camille Eduoard Dezarnaulds and Stephen Wawn v. The Law Society of New South Wales. (Unreported Supreme Court 27 June 1995)

APPLICANTS S J Sutherland, solicitor REPRESENTATION: RESPONDENT L Pierotti, solicitor

ORDERS: A. Pursuant to the provisions of S. 17 Legal Profession Act 2004, the Tribunal approves the employment of the second applicant as a lay associate in the practice of the first applicant, upon the following conditions; 1.Mr. Peet's duties as an employee in the office of Mr. La Fontaine ("the Solicitor"), shall be restricted to that of administrative and legal clerical assistant, restricted to; (a) Setting up, maintaining and supervising work and quality control management systems; (b) Providing to the Solicitor advice and assistance about, and maintaining client matter records; (c) Drafting documents, letters and communications for the Solicitor; (d) Other duties related to the above provided they do not extend or enlarge the duties contemplated by (a) - (c) above; 2.Mr. Peet shall not have access to or be signatory to any account conducted with any financial institution, by the Solicitor in the course of his practice, inlcuding, but not limited to, general office account, trust account, controlled money account, or any other account which may be held and/or conducted by the Solicitor for any client or as a trustee; 3.No document, letter or other communuication prepared by Mr. Peet shall be despatched from the Solicitor's office without the prior approval of the Solicitor, and no such document, letter of other communication shall bear the name or signature of Mr. Peet; 4. Any attendance by Mr. Peet on clients of the Solicitor, shall only take place in the Solicitor's office, or, if outside the office, in company with the Solicitor. Any client with whom Mr. Peet has contact, shall be advised by the Solicitor prior to such contact, that Mr. Peet is a clerk in the employ of the Solicitor and not a Solicitor; 5. Mr. Peet shall not have a business card or other form of identification, identifying him in any capacity with the Solicitor's practice; 6. Mr. Peet is not to attend court on behalf of the Solicitor or his practice; 7. Mr. Peet is not to attend upon any settlement of conveyances or other matters on behalf of the Solicitor or his practice; 8. Mr. Peet shall not have access to mail received in the Solicitor's office other than as provided to him by the Solicitor; 9. Mr. Peet's remuneration to be by way of stipulated salary or hourly rate as agreed between Mr. Peet and the Solicitor; 10. Mr. Peet's employment shall at all times be under the direct supervision of the Solicitor. Should he be absent form the practice in excess of 3 days, that supervision is to be undertaken by another qualified solicitor, who, Mr. La Fontaine is satisfied, understands the conditions upon which Mr. Peet is permitted to work in the practice. In the absence of such an arrangement, Mr. Peet's employment shall be suspended until the Solicitor returns to the practice; 11. Mr. La Fontaine is to advise the Law Society of New South Wales in writing, within 7 days of Mr. Peet's employment being terminated by either party