Charles Edmund Giugni [1995] NSWLST 2

The Legal Services Tribunal of New South Wales

CITATION : Charles Edmund Giugni [1995] NSWLST 2 PARTIES : Charles Edmund Giugni FILE NUMBER(S) : of 1993 CORAM: Mr C. Vass (Presiding Member) - Mr R. Clisdell - Mr I. Ferguson CATCHWORDS: Professional Misconduct - breach of s. 61 of the Legal Profession Act :- Contravention of Section 61 and Section 62 Legal Profession Act 1987 LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 13 February 1995 DATE OF JUDGMENT: 04/10/1995 LEGAL REPRESENTATIVES: Mr I. Wales appeared for the Law Society of New South Wales Mr J. Sexton appeared for the Solicitor

JUDGMENT:

Charles Edmund Guigni - contravention of Section 61 and Section 62 Legal Profession Act 1987. Whilst overseas, leaving signed but otherwise blank trust account cheques in possession of staff. Failure to supervise staff. Failure to act in the best interests of clients. No funds were lost. The Tribunal found the allegations proved and ordered that a practising certificate not be issued to the solicitor prior to 1.7.95 and that for the years commencing 1.7.95, 1.7.96 and 1.7.97, any practising certificate issued is to be restricted to the solicitor being an employee.

BY ITS COMPLAINT THE COUNCIL OF THE LAW SOCIETY OF New South Wales ("the Society") alleged that Charles Edmund Giugni ("the Solicitor") wilfully contravened Sections 61 and 62 of the Legal Profession Act; in that while overseas he left signed but otherwise blank Trust Account cheques in the possession of his staff; he failed to supervise staff so as to avoid contravention of Sections 61 of the Legal Profession Act; he failed to act in the best interests of his clients and endeavoured to mislead the Tribunal. The Society sought such order from the Tribunal as is appropriate and an order for costs.