Law Society of New South Wales -v- Pinto [2003] NSWADT 59

CITATION: Law Society of New South Wales -v- Pinto [2003] NSWADT 59 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT Joseph Santos Pinto FILE NUMBER: 012039 HEARING DATES: 16 & 17 September 2002 SUBMISSIONS CLOSED: 09/17/2002 DATE OF DECISION: 03/25/2003

BEFORE: Barnes M - Judicial Member; Mattila J - Judicial Member; Bennett C - Member APPLICATION: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - breach of s. 62 of the Legal Profession Act MATTER FOR DECISION: 1.The Solicitor Joseph Santos Pinto is publicly reprimanded. 2. Joseph Santos Pinto pay the costs of the Applicant of and incidental to the proceedings LEGISLATION CITED : Legal Profession Act 1987 CASES CITED: O'Reilly v Law Society of NSW 1988 24NSWLR 204 Malfanti v Legal Professional Discipline Tribunal (unreported) 1993 Court of Appeal REPRESENTATION: P Boyd, Solicitor I Wales, SC, Barrister ORDERS: 1. The Solicitor Joseph Santos Pinto is publicly reprimanded.; 2. Joseph Santos Pinto pay the costs of the Applicant of and incidental to the proceedings

Background 1 Joseph Santos Pinto (the solicitor) was admitted as a solicitor in New South Wales on 8 July 1983. He has practised as a sole practitioner since 31 August 1987. Arising out of issues brought to attention incidental to a trust account inspection, the Council of the Law Society of NSW on 19 May 1999 pursuant to the provisions of s.55 of the Legal Profession Act appointed Ms. Jean Sayer, Investigator, into the affairs of the solicitor. 2 Thereafter Ms. Sayer prepared a report of 14 September 1999. 3 The solicitor had an opportunity to respond to that report. 4 On 1 November 2001 the Professional Conduct Committee was satisfied that there was a reasonable likelihood the solicitor would be found guilty by the Tribunal of Professional Misconduct and that proceedings be instituted in the Tribunal pursuant to s.155(2) of the Legal Profession Act 1987. 5 By Information filed on 29 November 2001 the Council of the Law Society of NSW alleged that Joseph Santos Pinto whilst practising as a Solicitor was guilty of professional misconduct on the ground that: 1. The Solicitor failed to keep Trust Account Records that disclosed at all times the true position in relation to money received. 2. The Solicitor failed to keep Trust Account Records in a manner that enabled them to be conveniently and properly audited. 3. The Solicitor intermingled funds of the Solicitor's company and those of his clients. 6 Particulars of these grounds were identified in a schedule to the Information. 7 Relevantly by way of the Reply certain admissions have been made by the Solicitor and it should be noted that such admissions were of a general character, that is the admissions did not deal specifically with each particular relevant to each ground of the Information. Such admissions included: GROUND 1: THE SOLICITOR FAILED TO KEEP TRUST ACCOUNT RECORDS THAT DISCLOSED AT ALL TIMES THE TRUE POSITION IN RELATION TO MONEY RECEIVED 1. The Respondent admits that in certain trust account records maintained by him did not disclose at all times the true position in relation to all monies received. 2. Insofar a the trust account records were inaccurate or inadequate such inadequacies or inaccuracies were attributable to clerical error or inadequate understanding on the part of the Respondent as to the requirements of the Legal Profession Act and/or the relevant regulations thereunder relating to the maintenance of trust account records.