Michael Orlov and Stephanie Joan Pursley [1995] NSWLST 3

The Legal Services Tribunal of New South Wales

CITATION : Michael Orlov and Stephanie Joan Pursley [1995] NSWLST 3 PARTIES : Michael Orlov and Stephanie Joan Pursley FILE NUMBER(S) : of 1994 CORAM: Mr D E Hunt (Presiding Member) - Ms A Plotke - Mr M. Megna CATCHWORDS: Professional Misconduct - prefer own interests to those of others - Unsatisfactory Professional Conduct - conduct below expected standards of :- Unsatisfactory Professional Conduct - Solictor in contact with the opposing party LEGISLATION CITED: Legal Profession Act 1987 Browne v Dunn ; CASES CITED: Allied Pastoral v Commissioner of Taxation (1983) 1 NSW LR 1 at 25 to 27; Re Nelson (1991) 106 ACT Reports DATES OF HEARING: 10, 11, 12 October and 24, 25 November 1994 DATE OF JUDGMENT: 05/11/1995 Mr I. Wales instructed by Mr G. Still appeared for the Council of the Law Society of New South Wales. LEGAL REPRESENTATIVES: Mr P. Hely QC instructed by Sly & Weigall appeared with Mr D. Ryan for the Solicitor S.J. Pursley. Mr F.S. McAlary QC instructed by Ebsworth & Ebsworth appeared with Mr D.J. Fagan for the Solicitor M. Orlov.

JUDGMENT:

Michael Orlov Allegation that Mr Orlov, the Solicitor on the record for a party in litigation, approached his partner, knowing that she was in contact with the opposing party, who he knew to be the client of another Solicitor, during the adjournment of an Arbitration hearing in an attempt to secure an advantage to his client by having the matter settled on terms favourable to his client and without notice to that other party's Solicitor.

Stephanie Joan Pursley Allegation that the Solicitor, knowing that her friends were represented by another Solicitor, approached them at the suggestion of her partner, Mr Orlov, without prior notice to their Solicitor and provided advice to them to settle the matter.