Ian Burnham Mitchell [1992] NSWLST 16

The Legal Services Tribunal of New South Wales

CITATION : Ian Burnham Mitchell [1992] NSWLST 16 PARTIES : Ian Burnham Mitchell FILE NUMBER(S) : of CORAM: Mr G Williams (Presiding Member) - Mr F Herron - Rear Admiral G. Griffiths CATCHWORDS: Professional Misconduct - fail to act honestly - Professional Misconduct - fail to keep accounts - Professional Misconduct - misappropriate trust moneys/moneys - Professional Misconduct - prepare false documents - Professional Misconduct - prefer own interests to those of others :- LEGISLATION CITED: Legal Profession Act 1987 Real Property Act CASES CITED: DATES OF HEARING: 11/11/91 - 17/01/92 DATE OF JUDGMENT: 01/17/1992 Mr P.R. Garling Mr F. Smith LEGAL REPRESENTATIVES: Mr W. Hodgekiss Messrs Blake Dawson Waldron

JUDGMENT:

Legal Profession Disciplinary Tribunal In the matter of Ian Burnham Mitchell Determination and orders

Before: Mr G. Williams (Presiding Member), Mr F. Herron and Mr G. Griffiths.

Appearances: Mr P.R. Garling, instructed by Mr F. Smith, appeared for the Law Society of New South Wales. Mr W. Hodgekiss, instructed by Messrs Blake Dawson Waldron, appeared for the Solicitor.

In this matter the Council of the Law Society of New South Wales (the Complainant) complained to the Legal Profession Disciplinary Tribunal against Ian Burnham Mitchell (the Solicitor) under Section 135 of the Legal Profession Act 1987 (the Act).

The complaint was dated 10 July 1991, and the particulars of the complaint were: 1. The solicitor signed documents falsely stating that he was a witness to the signatures thereon and that the signatories were personally known to him. 2. The solicitor accepted a Real Property Act transfer as solicitor for the transferees whereas two of the transferees were not living persons at the time. 3. Conflict of interest. 4. Opening and maintaining building society accounts in fictitious names. 5. Maintaining fictitious names in the Trust Account. 6. Preparation of documents in false names.