Law Society of New South Wales v Singh [2011] NSWADT 47

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Law Society of New South Wales v Singh [2011] NSWADT 47 Hearing dates: 8 December 2010 Decision date: 09 March 2011 Before: M Riordan, Judicial Member D Fairlie, Judicial Member C Bennett, Non-Judicial Member Decision: 1. That the Solicitor's name be removed from the Roll of Legal Practitioners; 2. That the Solicitor pay the Applicant's costs in the sum of $2,000; 3. That the Solicitor pay these costs within a period of six (6) months from the date of this decision unless the Law Society agrees, upon receipt of appropriate financial evidence from the Solicitor, to extend the time for payment. Catchwords: Solicitor - Disciplinary Application Legislation Cited: Legal Profession Act 2004 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 at 763 Mee Ling v The Law Society of New South Wales [1974] NSWLR 299 Council of the New South Wales Bar Association v Perry [2007] NSWCA 111 Bar Association of New South Wales v Butland [2009] NSWADT 177 Category: Principal judgment Parties: The Law Society of New South Wales (Applicant) Jaswinder Singh (Respondent) Representation: The Law Society of New South Wales ( Applicant) Jaswinder Singh (Respondent in person) File Number(s): 102018

REASONS For Decision 1In this matter the Applicant, the Council of the Law Society of New South Wales ("the Society") made an Application against the Respondent, Jaswinder Singh (the "Solicitor"), alleging that he was a Solicitor within the meaning of the Legal Profession Act 2004 ("the Act") and that while practicing as a Solicitor he was guilty of professional misconduct as follows: "1. Practicing contrary to conditions of practising certificate; 2. Unethical conduct - making false declaration in practising certificate application; 3. The solicitor misled the Investigator, Mr Gore; 4. The solicitor misled the Investigator, Mrs Young; 5. The solicitor used a false letterhead; 6. The solicitor charged professional costs when he had no entitlement to do so 7. The solicitor created a false practice address." 2The applicant seeks the following order/s: "1.That the name of the solicitor be removed from the Roll of Local Lawyers 2.That the solicitor pay the Applicant's costs of the proceedings 3.Such further and other Orders as the Tribunal deems appropriate." 3The Solicitor's date of birth is not in evidence. However, the Tribunal notes that he was admitted on 7 April 2000 and that he never held an Unrestricted Principal Practising Certificate entitling him to practice on his own account. 4The Application alleges that the Solicitor engaged in the following conduct: "A.Practice contrary to conditions of Practising Certificate (1) On 7 April 2000 the solicitor's name was admitted to the Roll. (2) At no time since his admission has the solicitor been entitled to practice on his own account. (3) Between 22 August 2002 and 30 June 2008 the solicitor held a Restricted Non-Principal Practising Certificate issued by the Society. (4) In March 2006 the solicitor, whilst not entitled to do so, acted for Mr Elie Abdallah in relation to his purchase of a home unit by Contract for Sale dated 23 March 2006. (5) In October 2006 the solicitor, whilst not entitled to do so, acted for Mr Guven Biber in relation to his sale of a property by Contract for Sale dated 18 October 2006. (6) On 27 November 2006 on the letterhead of "J & S Solicitors" the solicitor signed a letter addressed to the Firm acting for the purchasers ("the Firm") from Mr Biber directing that a cheque, inter alia, in the sum of $900.00 be made payable at settlement in favour of J Singh. (7) On 28 November 2006 the Firm requested the incoming Mortgagee to draw a cheque in the sum of $900.00 in favour of J Singh to be handed over at settlement. (8) The sum of $900.00 paid to "J Singh" on settlement of the Biber matter was a fee, reward or remuneration received by him for legal or conveyancing services rendered by him to Mr Biber. (9) In April 2007 the solicitor, whilst not entitled to do so, acted for Messrs Joseph and John Tannous in relation to their sale of two properties by Contracts for Sale dated 10 April 2007. Further, the solicitor was paid fees for so acting as he later confirmed. B.Unethical conduct - making false declaration in Practising Certificate Application (1) On 14 June 2007 the solicitor signed a Form issued by the Society styled "Application for a 2007/08 Practising Certificate Renewal" which, inter alia, comprised the following Question: "TRUST MONEY Have you received, held or disbursed any trust money as defined in s. 243 Legal Profession Act 2004 - see page 6) during the period 1 April 2006 and 31 March 2007?" To the Question the solicitor placed a cross (x) in the box marked "No". The Application concluded: "DECLARATION I declare that the contents of this application are true and correct." (2).The solicitor's answer to the Question concerning Trust Money was false as was his Declaration. C.Mislead the Trust Account Inspector, the Law Society Investigator, use false letterhead, charge professional costs when not entitled to do so and create a false practice address. (1).On Monday, 27 October 2007 the Trust Account Inspector telephoned the solicitor and spoke to him. During the course of the conversation the solicitor stated that his operating a trust account related to bank transactions for two matters. (2).During the course of the aforementioned conversation the Trust Account Inspector requested the solicitor to forward to him copies of the clients files, accounting records and a written response to matters raised in the course of the conversation. (3).On 31 October 2007 the solicitor forwarded a letter to the Trust Account Inspector, which set out details of the three clients for whom he had acted in conveyancing transactions. 4.The solicitor misled the Trust Account Inspector in that rather than sending the documents requested the solicitor forwarded the following: i.Front page of Contract for Sale dated 23 March 2006 together with settlement statement - purchase by Abdallah; ii.Further, for this Contract the address, phone and fax details for the Purchaser's Solicitor were altered by the solicitor, thereby misleading the Trust A/C Inspector. iii.Front page of Contract for Sale dated 10 April 2007 together withsettlement statement - sale by Tannous of 167 Stephen St. iv.Front page of Contract for Sale dated 10 April 2007 together with settlement statement - sale by Tannous of 169 Stephen St. 5On 9 October 2008 the Law Society Investigator sent a letter to the solicitor, which said in part: "I refer to previous correspondence and write to advise that in order to complete my investigations in these matters and report to the Professional Conduct Committee, I require that you produce the entire matter files which were created by you in relation to the matters of Tannous, Abdallah and Biber. It is noted that no documents have been provided in relation to the Biber matter. The Trust Account Inspector has advised me that the material which you produced to him consisted solely of photocopies of pages 34 to 39 in his report, a copy of which has been provided to you. Further, it is noted that the contract prepared on behalf of Messrs Tannous contained your contact details and a reference to your document exchange box DX 25419 Merrylands. Please advise as follows: 1)Who is the holder of DX 25419 Merrylands? Is it yourself or any entity with which you are associated? If so, when was the box opened? Is this box still in use? If you are not the box holder or associated with the box holder, on what basis did you utilise the box? 2)Have you acted as a barrister or solicitor for parties other than those listed above at any time since your admission as a solicitor in April 2000? If so, give a list of all other clients for whom you have acted as a solicitor in the period since your admission as a solicitor. 3)It is noted that the contract for sale to Abdallah records your business address as 467 Merrylands Road, Merrylands 2160. What business is conducted from that address? What is your connection with that business? 4)Were you remunerated and/or did you receive any benefit as a result of the provision of conveyancing services which were reported upon by the trust account inspector? Give full particulars." 6On 30 October 2008 the solicitor sent a letter ("the letter") to the Law Society Investigator which said in part: "I refer to your letter of 9th October 2008 and as requested enclose herewith documents that I found in relation to the matters of Tannous, Abdallah (sic) and Biber. ...In relation to Biber, I found only a copy of the contract which is enclosed. I do not have any correspondence for it. 1)With respect to DX, I took the box as that was available at the time and was under the impression that it was cheaper than buying postage stamps. I closed the box soon after as had no use for it. 2)I have not acted as a solicitor in any other matter other than the listed above... 3)No business activity is or was carried out from 467 Merrylands Road, Merrylands as it was a made up number that did not exist. 4)No remuneration was received with respect to the above matters other than the costs incurred in completing the transactions such as searches and enquiries etc." 7By his letter of 30 October 2008 [enclosing a copy of the Contract for Abdallah ("the Contract")] the solicitor misled the Law Society Investigator in that: 1. The Contract shows the solicitor's address as 467 Merrylands Road 2. The Contract shows the solicitor's telephone number as 9682 0588 3. The Contract shows the solicitor's fax number as 9682 5996 8The counter-part of the contract produced to the Society by the Vendor's Conveyancer, shows the following: 1)The solicitor's address as 167 Merrylands Road, Merrylands 2)The solicitor's telephone number as 9682 5888 The Contract shows the solicitor's fax number as 9682 5869. The solicitor's statement in the letter that he had closed the DX box was false. Further, contrary to his statement in the letter that no remuneration had been received by him, the solicitor had received remuneration when acting for Messrs Tannous. 9On 19 March 2010 the Society issued a Notice ("the Notice") to the solicitor pursuant to s.660 of the Legal Profession Act. Questions 1-5 therein were as follows: "1. Did you purport to act as a solicitor for the following persons in relation to the conveyancing transactions described: a) Mr Elie Abdallah in relation to his purchase of a home unit from Helen Sibbald by contract dated 23 March 2003? b) Mr Guven Biber in relation to his sale of property to David and Louise Robertson by contract dated 18 October 2006? (c) Messrs Joseph and John Tannous in relation to their sale to Antonio Salerno of two properties by contacts dated 10 April 2007? 2.Do you agree that at no time have you held an unrestricted practising certificate entitling you to practise as a solicitor on your own account in the state of New South Wales? 3.Do you agree that for the purpose of carrying out the transactions referred to in question 1 above., a) In the matters of Abdallah and Tannous, you created or caused to be created and utilised in correspondence, letterhead falsely describing yourself as "J Singh Solicitor"? b) In the matter of Biber, you created or caused to be created and utilised in correspondence letterhead falsely describing yourself as "Jaswinder Singh, Solicitor" and a non-existent firm, "J & S Solicitors." 4. Do you agree that the letterheads described above contained your residential address, 42 Pendant Ave, Blacktown as the address of the non-existent legal firms to which they referred? 5. Do you agree that the contracts referred to in paragraphs 1 (b) and (c) above were: a) drafted by you? b) prepared either by you or at your direction? c) provide details of your mobile telephone number? d) provide facsimile number 9682 5869, which is that of Laing & Simmons, Real Estate Agents of Merrylands? e) were witnessed by yourself as solicitor for the vendor or otherwise". 10On 12 April 2010 the solicitor signed a document which incorporated his response to the 5.660 Notice and to each of the above questions 1 - 5 he answered "Yes". 11Question 9 (a) of the Notice was as follows: "9(a) Did you request or accept any fee or reward for acting on behalf of the persons referred to in paragraph I? If so, give particulars." 12On 12 April 2010 the solicitor signed a document which incorporated his response to the 5.660 Notice and to the above question 9 (a) he answered "Yes, as noted in 19 (a)". 13Question 17 of the Notice was as follows: "17(a) Do you acknowledge that the copy the front cover of the Abdallah contract submitted to Mr Gore had been altered, by you or on your behalf, so as to show the address of "Jas Singh" (yourself) as 467 Merrylands Rd, Merrylands, a non-existent address? 17(b) Was your purpose in altering the front cover of the Abdallah contract to obscure the fact that you had, in the original document, recorded your address as 167 Merrylands Rd, Merrylands, and the fact that that address was the address of your then employer, Laing & Simmons, Real Estate Agents? 17(c) Do you acknowledge that the copy of the front cover of the Abdallah contract submitted to Mr Gore had been altered so as to read 9682 6888 as your telephone number when the telephone number which was recorded on the counterpart document was 9682 5888, the then number used by yourself in your employment with Laing & Simmons, Real Estate Agents? 17(d) Do you acknowledge that the copy of the front cover of the Abdallah contract submitted to Mr Gore had also been altered so as to read 9682 5996 as your facsimile number when the telephone number which was recorded on the counterpart document was 9682 5869, a number used by yourself?" 14On 12 April 2010 the solicitor signed a document which incorporated his response to the 5.660 Notice and to each of the above questions 17 (a-d) he answered "Yes". 15Question 19 of the Notice was as follows:- "19(a) Do you agree that in the sales in which your acted for Messrs Tannous that you sought from the vendor's solicitor, Mr Michael Grogan, settlement moneys which included the sum of $1,500.00 payable to J Singh (Bank/Trust chq) on 31 July 2007? 19(b) Do you agree that on settlement of the Tannous matters, you received the sum of $1,500. 00? 19(c) Do you agree that the sum of $1,500.00 paid to "J Singh" on settlement of the Tannous matters was a fee, reward or remuneration received by you for legal or conveyancing services rendered by you to Messrs Tannous?" 16On 12 April 2010 the solicitor signed a document which incorporated his response to the 5.660 Notice and to each of the above questions 19 (a-c) he answered "Yes". 17Question 20 of the Notice was as follows:- "20(a) Do you agree that the DX number 25419 Merrylands contained in correspondence issued on the letterhead showing the words J Singh, solicitor, is that of Laing & Simmons, Real Estate Agents of Merrylands? 20(b) Do you agree that your letter of 30 October 2008 (responding to the Society's letter of 9 October 2008) addressed to myself at Professional Standards Department of the Law Society contains false statements to the effect that (a) you were the holder of DX Box numbered 25419 Merrylands and (b) that you had closed that box as you "had no use for it"?" 18On 12 April 2010 the solicitor signed a document which incorporated his response to the S.660 Notice and to each of the above questions 20 (a-b) he answered "Yes". 19The Applicant repeats Paragraph 6 above under the heading of "Practice contrary to conditions of Practising Certificate" commencing with the words "On 27 November 2006 on the letterhead etc. " 20The receipt of the sum of $900.00 by the solicitor when acting for Mr Guven Biber was contrary to his statement in his letter to the Society of 30 October 2008 that he had received no remuneration when acting in the Biber matter."