NSW Caselaw
The Legal Services Tribunal of New South Wales
CITATION : Bruce Walter Kirchner [1996] NSWLST 6 PARTIES : Bruce Walter Kirchner FILE NUMBER(S) : of 1995 CORAM: Mr C. Vass (Presiding Member) - Mr C. Staff - Vice Admiral I Knox :- Breach of Section 41 of the Legal Aid Commission Act Professional Misconduct Misappropriation CATCHWORDS: forgery breaches of Section 61 and 62 name removed from the Roll of Solicitors in New South Wales.
LEGISLATION CITED: Legal Aid Commission Act Legal Profession Act 1987 Re Vickery (1931); CASES CITED: Law Society of the Australian Capital Territory and Brendan Lee Grosse. ; Dupal v The Law Society of New South Wales (unreported 26 April 1990 DATES OF HEARING: 20 May 1996 DATE OF JUDGMENT: 05/20/1996 LEGAL REPRESENTATIVES: Mr Wales appeared for the Law Society of New South Wales Mr S. Norrish QC for the Solicitor.
JUDGMENT:
The solicitor admitted to the various grounds of professional misconduct and it was ordered that his name be removed from the Roll. The solicitor was found guilty of misappropriation in a large number of matters. It was confirmed in evidence that the solicitor was a chronic gambler and had an addiction to gambling.
The Tribunal stated that its primary consideration is the protection of the public by preventing a person unfit to practise from holding himself or herself out to the public as a legal practitioner in whom members of the public might repose confidence. The Tribunal must also deter any other practitioner minded to behave in a like manner.
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