Council of the Law Society of New South Wales v Clapin [2011] NSWADT 83

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Clapin [2011] NSWADT 83 Hearing dates: 7 March 2011 Decision date: 20 April 2011 Before: M Chesterman, Deputy President M Riordan, Judicial Member C Bennett, Non-judicial Member Decision: 1. The Respondent is guilty of professional misconduct. 2. The matter is set down for further directions at 9.30 a.m. on 4 May 2011. Catchwords: Solicitor - disciplinary application - breach of provisions regulating trust accounts - overcharging - misappropriation Legislation Cited: Administrative Decisions Tribunal Act 1997 Legal Profession Act 1987 Cases Cited: Bolster v Law Society of New South Wales, Unreported, Court of Appeal, 20 September 1982 (BC8211696) Brereton v Legal Services Commissioner [2010] VSC 378 Law Society of New South Wales v Carvan, Unreported, Court of Appeal, 14 May 1981 (BC8111397) Law Society of New South Wales v Jones, Unreported, Court of Appeal, 29 July 1978 Stewart v Strevens [1976] 2 NSWLR 321 Veghelyi v Law Society of New South Wales, Unreported, Court of Appeal, 8 February 1995 (BC9505459) Re Veron; Ex parte Law Society of New South Wales (1966) 84 WN (NSW) (Pt 1) 136 Walsh v Law Society of New South Wales (1999) 198 CLR 73 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) William Daniel Clapin (Respondent) Representation: Counsel R Stitt QC (Applicant) T Lynch (Respondent) File Number(s): 092034