Law Society of New South Wales -v- Roberts [1999] NSWADT 4

CITATION: Law Society of New South Wales -v- Roberts [1999] NSWADT 4

DIVISION: Legal Services

APPLICANT: The Council of the Law Society of New South Wales

RESPONDENT: Dai Peter Roberts

FILE NUMBER: 9802

HEARING DATES: 15/12/98; 16/12/98

SUBMISSIONS CLOSED: 16/12/98

DATE OF DECISION: 2 March 1999

J W F Brennan Presiding Judicial Member BEFORE: R Cox - Judicial Member J Geddes - Member

PRIMARY LEGISLATION: Legal Profession Act 1987

APPLICATION: Default error in carrying out clients' instructions; Misleading/deceptive/unfair dealing with client; Prescribed statutory/professional rules breach; Professional misconduct - solicitor ; Unsatisfactory professional conduct - solicitor -

MATTER FOR DECISION: Principal matter

Applicant: J S Gleeson of counsel instructed by R J Collins REPRESENTATION: Respondent: J W Conomos of counsel instructed by G L Berry

1. That the legal practitioner be reprimanded. 2. That the legal practitioner pay a fine of $12,000.00 by six instalments of $2,000.00 each the first of such instalments to be paid on or before 30 June 1999, the remaining instalments to be paid at three monthly intervals thereafter. ORDERS: 3. That for a period of twenty four months commencing on 1 April 1999 the Respondent legal practitioner's practice be subject to inspection by a suitably qualified legal practitioner appointed by the Law Society after consultation with the solicitor and that the periodic inspection be carried out once every third month at the Respondent legal practitioner's expense. 4. That within two months the legal practitioner at his own expense enrol and participate in an Introductory Course in the Best Practice Programme conducted by the College of Law and submit his firm for review by a Best Practice independent evaluation certified by the Best Practice Board by 30 November 1999. 5. That the legal practitioner pay the costs of the Law Society as agreed in the sum of $10,500.00, such payment to be made within twelve months of the date of this Order.