Council of the Law Society of New South Wales v Sheehan (No 2) [2010] NSWADT 135

CITATION: Council of the Law Society of New South Wales v Sheehan (No 2) [2010] NSWADT 135

DIVISION: Legal Services Division

APPLICANT Council of the Law Society of New South Wales PARTIES: RESPONDENT Marshall Sheehan

FILE NUMBER: 092007

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 12 May 2010

DATE OF DECISION: 4 June 2010

BEFORE: Chesterman M - Deputy President; Mullane G - Judicial Member; Hayes E - Non-Judicial Member

CATCHWORDS: Professional misconduct –solicitor—penalties for failure to comply with notice by investigator

LEGISLATION CITED : Legal Profession Act 1987 Legal Profession Act 2004

Council of the Law Society of New South Wales v Cunningham [2003] NSWADT 138 Council of the Law Society of New South Wakes v Sheehan [2010] NSWADT 83 Council of the Law Society of New South Wales v Treanor [2009] NSWADT 115 CASES CITED: Council of the New South Wales Bar Association v Howen [2003] NSWADT 117 Council of the New South Wales Bar Association v Howen (No 2) [2003] NSWADT 235 Law Society of New South Wales v Knudsen (No 2) [2006] NSWADT 245 Legal Services Commissioner v Knudsen [2000] NSWADT 62 Legal Services Commissioner v Sheehan (Legal Practice) [2009] VCAT 1446

APPLICANT C A Webster, barrister REPRESENTATION: RESPONDENT In person

1. The Tribunal recommends to the Law Institute of Victoria that the practising certificate of Marshall Sheehan be suspended until he complies with the requirements of a Notice, dated 13 November 2007, that was issued by an investigator appointed by the Law Society of New South Wales and served on him pursuant to section 660 of the Legal Profession Act 2004. ORDERS: 2. Marshall Sheehan is fined $4,000 3. Marshall Sheehan is publicly reprimanded 4. Marshall Sheehan is to pay the costs of the Council of the Law Society of New South Wales in these proceedings, such costs to be as agreed or as assessed by a costs assessor.