Richard William Wales [1997] NSWLST 25

The Legal Services Tribunal of New South Wales

CITATION : Richard William Wales [1997] NSWLST 25 PARTIES : Richard William Wales FILE NUMBER(S) : of 1996 CORAM: Mr A Martin (Chairman) - Mr J. O'Neill - Miss J Greenwood CATCHWORDS: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 11 March 1997 DATE OF JUDGMENT: 09/25/1997 LEGAL REPRESENTATIVES: Mr I Wales for the Law Society No appearance for the Solicitor

JUDGMENT: The Tribunal found that the solicitor had fraudulently misappropriated clients funds in amounts totalling about $400,000 and was thereby guilty of professional misconduct. The Tribunal ordered that the solicitor's name be removed from the Roll of Legal Practitioners and that he pay the Law Society's costs.

The Complaint T he complaint was made by the Council of the Law Society against Richard William Wales (the Solicitor). The grounds of complaint are as follows:-

1. The Solicitor wilfully breached Section 61 of the Legal Profession Act 1987 ("the Act").

2. The Solicitor misappropriated moneys of his client. Particulars of the Complaint 1. Matter of Collingridge 1. From April 1992, or thereabouts, the Solicitor acted for Mrs Carolyn Collingridge in a Family Law dispute with her husband.

2. By a document dated 17 November 1992, Mrs Collingridge authorised and directed the husband's solicitors to pay moneys due to her to the Solicitor.

3. On 27 November 1992, the husband purchased a bank cheque from the State Bank, Gordon branch, in the sum of $35,000 made payable to the Solicitor. The bank cheque was forwarded to the Solicitor.