Yael Teresa Jimenez [1996] NSWLST 19

The Legal Services Tribunal of New South Wales

CITATION : Yael Teresa Jimenez [1996] NSWLST 19 PARTIES : Yael Teresa Jimenez FILE NUMBER(S) : of 1995 CORAM: Mr G Molloy (Chairperson) - Mr C. Staff - Mr D Mahon CATCHWORDS: :- misappropriation not wilful but amounting to unsatisfactory professional conduct. LEGISLATION CITED: Land and Environment Court Act 1979 Legal Profession Act 1987 Re: Hodgekiss (1962) 62 SR (NSW) ; Richmond River Council v Oshlack (Court of Appeal No. CA 40120/94, 3 July, 1996); CASES CITED: Latoudis v Casey (1990) 170CLR ; Harold v Smith 5 H. & N. 381; Law Society v Jiminez (No. 24 of 1990, 30 October, 1995, unreported) DATES OF HEARING: 11 September 1996 and 13 September 1996. DATE OF JUDGMENT: 11/29/1996 LEGAL REPRESENTATIVES: Mr Jubb (Solicitor) (instructed by Mr G. Still ) for the Law Society of New South Wales. The Solicitor in person.

JUDGMENT:

Misappropriation of trust money – money held in a separate account for three and a half years – no records kept – practice sold – money withdrawn by solicitor – unusual circumstances – finding that misappropriation not wilful, but amounting to unsatisfactory professional conduct.

Verdict money retained for costs – costs memorandum rendered to other party and paid – money not impressed with any trust. Alleged failure to comply with consent orders – misunderstanding – no adverse finding.

Failure to advise client of counsel's advice – unsatisfactory professional conduct.

Compensation – procedure to be followed.