Shaw McNeil Sedgwick [1992] NSWLST 18

The Legal Services Tribunal of New South Wales

CITATION : Shaw McNeil Sedgwick [1992] NSWLST 18 PARTIES : Shaw McNeil Sedgwick FILE NUMBER(S) : of CORAM: Mr D E Hunt (Presiding Member) - Mr G B Molloy - Mr D Mahon CATCHWORDS: Professional Misconduct - mislead client - Professional Misconduct - mislead Law Society/Bar Association/LSC - Professional Misconduct - gross overcharging of client - Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Practitioners' Act 1898 Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 11/12/91 - 22/02/92 DATE OF JUDGMENT: 02/22/1992 Mr G.C. Lindsay LEGAL REPRESENTATIVES: Mr F. Smith Mr P. Garling

JUDGMENT:

The Legal Profession Disciplinary Tribunal In the matter of Shaw McNeil Sedgwick Determination and orders

Before: Mr D.E. Hunt (Chairman), Mr G, Molloy and Mr D. Mahon

Appearances: Mr G.C. Lindsay instructed by Mr F. Smith for the Law Society. Mr P. Garling instructed by the Solicitor.

Hearing: 11 and 12 December 1991.

This matter was referred to the Legal Profession Disciplinary Tribunal (the Tribunal) pursuant to a resolution of the Council of the Law Society of New South Wales (the Law Society) dated 4 April 1991 that in its opinion Shaw McNeil Sedgwick (the Solicitor) may be guilty of professional misconduct and that a complaint be made to the Tribunal. The Complaint was filed on 18 June 1991.

The Complaint alleges delay in the handling of certain matters, breaches of Sections 41 and 42 of the Legal Practitioners Act 1898 (as amended) (the former Act) wilful breaches of Sections 61 and 62 of the Legal Profession Act 1987 (the new Act) misappropriation of monies, improper conduct as solicitor and executor for an estate, misleading of client and the Law Society, a breach of clause 8 of the Legal Profession Act (Trust Accounts and Controlled Money) Regulation 1988 and overcharging.