John Clement Hawkins [1997] NSWLST 15

The Legal Services Tribunal of New South Wales

CITATION : John Clement Hawkins [1997] NSWLST 15 PARTIES : John Clement Hawkins FILE NUMBER(S) : of 1996 CORAM: Mr G Molloy (Chairperson) - Mr R. Turner - Mr D. Hoareau CATCHWORDS: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - misappropriate trust moneys/moneys :- Professional Misconduct- the charging of fees to which he was not entitled or which were excessive Unsatisfactory Professional Conduct- failed to reach a reasonable standard of competence and diligence LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: Veron (1966) 84 WN 136 ; May v O'Sullivan (1955) 92 CLR 653 DATES OF HEARING: 15 September 1997 DATE OF JUDGMENT: 09/15/1997 LEGAL REPRESENTATIVES: Mr C.M. Simpson No appearance for the Solicitor

JUDGMENT:

The Tribunal found the solicitor guilty of wilful contraventions of the statutory requirements in relation to trust money and of misappropriating clients' funds. The Tribunal determined that the solicitor was guilty of professional misconduct and ordered that his name be removed from the Roll of Legal Practitioners. He was ordered to pay the Law Society's costs.

T his Tribunal has before it an Amended Information filed by the Council of the Law Society against the solicitor in which the Council alleges numerous breaches of sections 61(1)(a) and 61(2) of the Legal Profession Act 1987, misappropriation by the solicitor, wilful contravention of regulations 7(1), 7(2), 7(6) and 8(3) of the Legal Profession (Trust Account and Controlled Money) Regulation 1988 and, in other circumstances, the charging of fees to which he was not entitled or alternatively which were excessive and, in one case, the solicitor failed to reach a reasonable standard of competence and diligence within the terms of section 127(2), being the definition of "unsatisfactory professional conduct".