Law Society of New South Wales -V- Wakim [1998] ADT

Legal Services Division

CITATION: Law Society of New South Wales -V- Wakim [1998] ADT

COMPLAINANT: Law Society of New South Wales

RESPONDENT: Paul Vincent Wakim

Mr C Vass (Presiding Member) ( Judicial Member ) TRIBUNAL: Ms J Greenwood Mr A Kennedy

GROUNDS OF COMPLAINT: Professional misconduct

DATE OF JUDGMENT: 12/15/1998

Complainant: Mr D. Hipsley (Counsel) Mr R.J. Collins (Solicitor) LEGAL REPRESENTATIVES: Respondent: Mr S. Galitsky (Counsel) Mr T. Bechara & Co (Solicitor)

Paul Vincent Wakim – Notice sent to the solicitor under Section 152(1) of the Legal Profession Act 1987 and was responded to, that response was different to an earlier response, allegation that solicitor misled or attempted to mislead the Council; information dismissed.

The Tribunal has before it an Information filed by the Council of the Law Society against Paul Vincent Wakim ("the solicitor") in which the Council alleges that the solicitor is guilty of professional misconduct on the grounds that he misled or attempted to mislead the Law Society.

The evidence before the Tribunal is that the solicitor from about 1991 was instructed by a Mr. Smith and a company Dealterm Pty. Limited in relation to a partnership arrangement and also in relation eventually to a conveyancing matter. In relation to the conveyancing matter Mr. Smith lodged a complaint against the solicitor by letter dated 7 March 1994 and as a result of the complaint having been lodged with the Society the Law Society wrote to the solicitor on 18 and 23 March 1994. The solicitor eventually responded to those letters by a letter dated 20 October 1994 and in that letter he said "I have not accounted to Smith in respect of the sale of real estate at Lithgow and Harden as he is in dispute with his partner Dealterm Pty. Limited and that dispute has not been resolved".