Law Society of New South Wales -v- Roberts [2003] NSWADT 101

CITATION: Law Society of New South Wales -v- Roberts [2003] NSWADT 101 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT Dai Peter Roberts FILE NUMBER: 012037; 022013 HEARING DATES: 14/10/2002, 15/10/2002 SUBMISSIONS CLOSED: 11/11/2002 DATE OF DECISION: 05/13/2003

BEFORE: Currie JS - Judicial Member; Foster GF - Judicial Member; Hoareau D - Member APPLICATION: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - fail to account - Professional Misconduct - fail to comply with s. 152 Notice - Professional Misconduct - fail to keep client adequately advised - Professional Misconduct - fail to meet undertaking of Law Society/Bar Association/LSC - Professional Misconduct - fail to pay counsel's fees - Professional Misconduct - gross negligence and delay/gross delay/delay - Professional Misconduct - misappropriate trust moneys/moneys - Professional Misconduct - mislead client - Professional Misconduct - mislead Court/Tribunal - Unsatisfactory Professional Conduct - delay - Unsatisfactory Professional Conduct - fail to respond to client - Unsatisfactory Professional Conduct - mislead Law Society/Bar Association/LSC - Unsatisfactory Professional Conduct - fail to safely secure documents MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 CASES CITED: Law Society of NSW v Foreman (1994) 34 NSWLR 408 Law Society of New South Wales v Walsh - BC9706885 - NSWCA - 15/12/1997 APPLICANT REPRESENTATION: I M Wales SC, barrister RESPONDENT J W Conomos, barrister ORDERS: 1. The Practitioner's name be removed from the Roll; 2. The Practitioner pay the costs of the Informant in proceedings number 012037 and 022013; 3. The Practitioner pay to Abbott Pardy & Jenkins, Solicitors, as compensation, the amount of $5,068.35.