Stanley Gerald Keefe [1995] NSWLST 9

The Legal Services Tribunal of New South Wales

CITATION : Stanley Gerald Keefe [1995] NSWLST 9 PARTIES : Stanley Gerald Keefe FILE NUMBER(S) : of 1994 CORAM: Mr D E Hunt (Presiding Member) - Mr A Martin - Dr M. Costigan CATCHWORDS: Cancellation of practising certificate - Professional Misconduct - charge fees for services never performed - Professional Misconduct - fail to carry out instructions - Professional Misconduct - mislead client - Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - fail to act honestly :- Section 135 of the Legal Profession Act 1987 LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: Re Vickery (1931) 1Ch 572 ; Re the Law Society v Bannister (LPDR No. 4 1993) DATES OF HEARING: 14,15,16 and 17 November and 7 December 1994 DATE OF JUDGMENT: 03/23/1995 LEGAL REPRESENTATIVES: Mr Wales for the Law Society Mr Brewer for the Solicitor

JUDGMENT:

Allegations that the Solicitor wilfully breached Section 61 of the Legal Profession Act 1987, wilfully breached Section 62 of the Legal Profession Act 1987, wilfully failed to comply with his clients instructions, charged twice for the same work, breached an undertaking to the Court and breached an undertaking to another solicitor. The Tribunal found both professional misconduct and unsatisfactory professional conduct, and ordered that the solicitor's name be removed from the Roll of Solicitors in New South Wales.

On 2 December 1993 the Council of the Law Society of New South Wales ("the Law Society") resolved that Stanley Gerald Keefe ("the Solicitor") may be guilty of professional misconduct and that a complaint be made to the Legal Profession Disciplinary Tribunal pursuant to Section 135 of the Legal Profession Act 1987 ("the Act"). The Legal Services Tribunal ("the Tribunal") heard and determined the Complaint under the Transitional Provisions of the Legal Profession Reform Act 1993 and its Regulations.