Richard Scott Cooper [1990] NSWLST 1

The Legal Services Tribunal of New South Wales

CITATION : Richard Scott Cooper [1990] NSWLST 1 PARTIES : Richard Scott Cooper FILE NUMBER(S) : of CORAM: Mr D Patten (Presiding Member) - - CATCHWORDS: :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 11/08/1990 LEGAL REPRESENTATIVES:

JUDGMENT:

In this matter the Council of the Law Society of New South Wales (the Complainant) complained pursuant to Section 135 of the <I>Legal Profession Act 1987<D> (the Act) that the conduct of Richard Scott Cooper, a legal practitioner, (the Solicitor) amounted to professional misconduct.

The grounds stated in the complaint were: 1. Misappropriation of monies. 2. Wilful contraventions of Section 61 of the Legal Profession Act, 1987. 3. Wilful contraventions of Section 62 of the Legal Profession Act, 1987. 4. Misleading the complainant.

The Complainant sought the following orders: 1. That the name of Richard Scott Cooper be struck off the Roll of Solicitors. 2. That RICHARD SCOTT COOPER be ordered to pay the costs of the complainant as between solicitor and client in these proceedings including the costs of the investigation. The Tribunal heard the matter on 23 October 1990 and reserved its decision. At the beginning of the hearing the Solicitor's name was called. He did not appear. Mr Huntington then tendered evidence of service by way of statutory declarations of Robert Norman Jewell dated 10 August 1990, 9 August 1990 and 20 August 1990. After considering those declarations, and hearing submissions by Mr Huntington, the Tribunal was satisfied that the Solicitor had been given proper notice of the present hearing and that it should proceed with the hearing in the absence of the Solicitor.