NSW Caselaw
The Legal Services Tribunal of New South Wales
CITATION : William Hugh McManus [1994] NSWLST 15 PARTIES : William Hugh McManus FILE NUMBER(S) : of 1993 CORAM: Mr C. Robison (Presiding Member) - Ms S. Hale - Dr M. Costigan CATCHWORDS: Professional Misconduct - breach of s. 61 of the Legal Profession Act :- Misleading clients misleading a Trust Account Inspector Legal Profession Reform Act 1993. LEGISLATION CITED: Legal Profession Act 1987 Legal Profession (Trust Account and Controlled Money) Regulations CASES CITED: DATES OF HEARING: 30 August 1994 DATE OF JUDGMENT: 10/18/1994 LEGAL REPRESENTATIVES: Mr D. Hipsley instructed by Mr M. Watts for the Law Society of New South Wales. Mr W.H. McManus appeared in person.
JUDGMENT:
Professional misconduct established on the grounds of breaches of Sections 61 and 62, misleading clients and misleading a Trust Account Inspector. Solicitor struck off. Under Section 171E the Tribunal has sole responsibility to determine costs in discipline matters.
Complaint
THIS COMPLAINT WAS REFERRED TO THE LEGAL PROFESSION Disciplinary Tribunal as it then was by the Council of the Law Society of New South Wales ("the Society") pursuant to s.135 of the Legal Profession Act 1987 ("the Act").
The particulars of the complaint are that William Hugh McManus ("the Solicitor"):
1. Wilfully breached Section 61 of the Legal Profession Act 1987.
2. Wilfully breached Clause 27 of the Legal Profession Regulation 1987.
3. Wilfully breached Section 62 of the Legal Profession Act 1987.
4. Misled clients.
5. Wilfully breached Section 26 of the Legal Profession Act 1987.
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