The Council of the Law Society of NSW v Tsalidis (No 2) [2010] NSWADT 297

CITATION: The Council of the Law Society of NSW v Tsalidis (No 2) [2010] NSWADT 297

DIVISION: General Division

APPLICANT The Council of the Law Society of New South Wales PARTIES: RESPONDENT Charles Kiriakos Tsalidis

FILE NUMBER: 092033

HEARING DATES: 11 June 2010, 25 June 2010, 16 August 2010 and 13 September 2010

DATE OF DECISION: 14 December 2010

BEFORE: Currie J - Judicial Member; Fairlie D - Judicial Member; Bubniuk L - Non-Judicial Member

CATCHWORDS: Solicitor- professional misconduct – failure to comply with section 660 Notice

LEGISLATION CITED : Legal Profession Act 2004 Legal Professsion Act 1987

The Council of the Law Society v Sheehan (No2) [2010] NSW ADT 135 Legal Services Commissioner v Knudsen [2000] NSW ADT 62 CASES CITED: Law Society of NSW v Knudsen (No 2) [2006] NSW ADT 245 NSW Bar Association v Howen [2003] NSW ADT 117 NSW Bar Association v Howen (No2) [2003] NSW ADT 235 Law Society of NSW v Cunningham [2003] NSW ADT 138

APPLICANT L Pierotti, solicitor REPRESENTATION: RESPONDENT P Kintominas, barrister D Smallbone, solicitor

1.The Solicitor be publicly reprimanded 2.The Solicitor be fined an amount of $4,000, to be paid in four instalments of $1,000 each, the first to be paid by 1 February 2011, the second by 1 August 2011, the third by 1 February 2012, and the final instalment by 1 August 2012 ORDERS: 3.The Solicitor pay the Law Society's costs as agreed or assessed 4. The Solicitor attend upon his psychologist, Mr R.W. Backen as Mr Backen shall advise, and at least once per month until 30 June 2011, and thereafter until Mr Backen certifies that the course of treatment necessary to restore the Solicitor to full health is complete 5. The Solicitor shall cause a report of Mr Backen, and if appropriate the aforesaid certificate, to be provided to the Council of the Law Society ("the Council") immediately after 30 June 2011. If the course of treatment continues after that date, then the Solicitor shall cause a further report and the aforesaid certificate of Mr Backen to be provided to the Council at the time of completion of the course of treatment.6. If Mr Backen is unable or unwilling to continue acting, the Solicitor shall appoint another qualified psychologist and notify in writing the name and address of that person to the Council within 14 days and the preceding two paragraphs of these orders shall take effect as if that psychologist were named therein.7. Until the completion of the course of treatment, the Solicitor shall also provide copies of any correspondence or notices that he receives from the Law Society or the Legal Services Commissioner in relation to any professional conduct matters to his counsel, Mr D. A. Smallbone, or such other counsel as the Solicitor notifies in writing to the Council.