Law Society of New South Wales -v- Byrnes [2000] NSWADT 20

CITATION: Law Society of New South Wales -v- Byrnes [2000] NSWADT 20 DIVISION: Legal Services Division APPLICANT Council of the Law Society of New South Wales PARTIES: RESPONDENT Kevin Patrick Byrnes FILE NUMBER: 992020 HEARING DATES: 11/02/2000 SUBMISSIONS CLOSED: 02/11/2000 DATE OF DECISION: 03/06/2000

BEFORE: Officer D QC - Judicial Member; Currie JS - Judicial Member; Costigan M - Member APPLICATION: Professional Misconduct - forgery MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 Law Society of New South Wales.-v- Foreman (1994) 34 NSWLR 408 CASES CITED: O'Reilly -v- Law Society of New South Wales (1988) 24 NSWLR 204 Law Society of New South Wales -v- Walsh (Court of Appeal, unreported 15 December 1997) APPLICANT REPRESENTATION: P R Boyd, solicitor RESPONDENT P G Maiden, barrister ORDERS: 1. The solicitor be publicly reprimanded.; 2. The solicitor pay a fine of $4,000.; 3. The solicitor be allowed 28 days from the date of this decision for payment of the said fine.; 4. The solicitor to pay the Law Society's costs as agreed or assessed.

Background 1 Kevin Patrick Byrnes is a solicitor carrying on his practice, in partnership, at 33 Hay Street, Port Macquarie. He has been charged by the Law Society with professional misconduct in relation to events that occurred on 29 November 1998. The information alleging such professional misconduct was filed on 1 July 1999.

2 Mr. Byrnes is currently 37 years of age. He was admitted as a solicitor in December 1987 and in January 1988 commenced employment with Priests Solicitors in Port Macquarie. In 1990, he became employed by Falvey Associates Solicitors in Port Macquarie and in 1992, he became a partner in that firm which is now known as Falvey Byrnes Associates. As is evident from the statement of these facts, he has spent the totality of his professional life practising in Port Macquarie.