Law Society of New South Wales v Lee [2005] NSWADT 242

CITATION: Law Society of New South Wales v Lee [2005] NSWADT 242 DIVISION: Legal Services Division APPLICANT PARTIES: Law Society of New South Wales RESPONDENT Siu Kay Michael Lee FILE NUMBER: 052014 HEARING DATES: 28/09/2005 SUBMISSIONS CLOSED: 09/28/2005 DATE OF DECISION: 10/25/2005

BEFORE: Clisdell RJ - Judicial Member; Currie JS - Judicial Member; Bennett C - Non Judicial Member APPLICATION: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - breach of s. 62 of the Legal Profession Act - Professional Misconduct - gross negligence - Professional Misconduct - mislead Law Society/Bar Association/LSC MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 CASES CITED: APPLICANT REPRESENTATION: D Barton, solicitor RESPONDENT T Williams, solicitor ORDERS: Orders made on 28 September 2005; 1. That the Solicitor be fined the sum of $1,000.00 to be paid within three months of 28 September 2005; 2. That the Solicitor be publicly reprimanded; 3. That the Solicitor pay the Society's costs of and incidental to the proceedings in the sum of $2,750.00 such costs to be paid within three months; 4. That the Solicitor undertake and satisfactorily complete within twelve months of 28 September 2005 a course relating to trust account management as approved by the Law Society and implement as necessary any procedures recommended; 5. That the Solicitor's practice be subject to inspection at the Solicitor's cost by an independent practitioner nominated by the Law Society at intervals of three, six and nine months from 28 September 2005; 6. That if the Solicitor fails to comply with Orders 1, 3, 4 and 5 above his practising certificate be immediately suspended until such order is complied with.