New South Wales Bar Association v Jones [2008] NSWADT 253

CITATION: New South Wales Bar Association v Jones [2008] NSWADT 253

DIVISION: Legal Services Division

APPLICANT Council of the New South Wales Bar Association PARTIES: RESPONDENT Gregory Castle Jones

FILE NUMBER: 072035

HEARING DATES: 8 August 2008

SUBMISSIONS CLOSED: 8 August 2008

DATE OF DECISION: 4 September 2008

BEFORE: Haylen W - J (Deputy President); Blacket P SC - Judical Member; Costigan M - Non-Judicial Member

CATCHWORDS: Unsatisfactory Professional Conduct - conduct below expected standards of competence

MATTER FOR DECISION: Principal Matter

LEGISLATION CITED : Legal Profession Act 1987 Legal Profession Act 2004

APPLICANT P Skinner, barrister REPRESENTATION: RESPONDENT M Williams, barrister K Henderson, legal officer

The following orders made by consent: 1. A finding that the conduct of the respondent as particularised in Ground 1 of the First Schedule constituted unsatisfactory professional conduct in that it fell short of the standard of competence that a member of the public is entitled to expect of a reasonably competent legal practitioner 2. A finding that the conduct of the respondent as particularised in Ground 2 of the First Schedule constituted unsatisfactory professional conduct in that it fell short of the standard of competence that a member of the public is entitled to expect of a reasonably competent legal practitioner 3. A finding that the conduct of the respondent as particularised in Ground 3 of the First Schedule constituted unsatisfactory professional conduct in that it fell short of the standard of competence that a member of the public is entitled to expect of a reasonably competent legal practitioner 4. (a) an order reprimanding the Respondent, pursuant to subsection 562(2)(e) of the Legal Profession Act 2004; and ORDERS: (b) an order that the Respondent undertake and satisfactorily complete the course on drafting pleadings, defence and cross-claims conducted by the Bar Association of NSW in the October 2008 Bar Practice Course: i. Case Analysis/Case Theory/Identification of issues and Necessary Evidence; ii. Drafting originating process: the rules, content and structure USO v Wong; iii. Statement of Claim drafting exercise in groups; iv. Discussions of draft pleadings, drafting defences, content and rules including Civil Liability Act, contributory negligence and contribution; v. Discussion of draft defences. Drafting replies and cross claims 5. An order that the decision of the Tribunal in this matter be published 6. An order that the respondent pay the costs of the Applicant in these proceedings.