Richard William Wales [1992] NSWLST 20

The Legal Services Tribunal of New South Wales

CITATION : Richard William Wales [1992] NSWLST 20 PARTIES : Richard William Wales FILE NUMBER(S) : of CORAM: Mr G Williams (Presiding Member) - Mr F Herron - Mr D Mahon CATCHWORDS: Professional Misconduct - mislead Law Society/Bar Association/LSC - Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 14/07/92 - 08/09/92 DATE OF JUDGMENT: 09/08/1992 LEGAL REPRESENTATIVES: Mr D. McGovern Mr F. Smith,

JUDGMENT:

The Legal Profession Disciplinary Tribunal In the matter of Richard William Wales

Determination and Orders Before: Mr G. Williams (Presiding Member), Mr F. Herron and Mr D. Mahon.

Appearances: Mr D. McGovern, instructed by Mr F. Smith, appeared for the Law Society of New South Wales. Mr R.W. Wales appeared in person.

In this matter the Council of the Law Society of New South Wales (the Complainant) complained to the Legal Profession Disciplinary Tribunal (the Tribunal) against Richard William Wales (the Solicitor) under Section 135 of the Legal Profession Act 1987 (the Act).

The complaint was dated 16 March 1992, and the particulars of the complaint were: 1. The Solicitor misled the Law Society. 2. The Solicitor delayed in providing an accountant's report to the Society. 3. The Solicitor delayed in rectifying various breaches of the Trust Account Regulation in relation to his trust account.

Those particulars were covered in more detail under the heading "Further particulars" forming part of the complaint.

The Complainant sought the following orders: 1. That the Solicitor is guilty of professional misconduct. 2. Such orders as the Tribunal deems fit. 3. That Richard William Wales pay the costs of the complainant in these proceedings on a solicitor/client basis.