Council of the Law Society of NSW v Jiang [2011] NSWADT 270

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Jiang [2011] NSWADT 270 Hearing dates: 16 August 2011 and 28 October 2011 Decision date: 28 October 2011 Jurisdiction: Legal Services Division Before: G Mullane, Judicial Member N Isenberg, Judicial Member E Hayes, Non-judicial Member Decision: 1 The tribunal notes the undertaking of Martin Alan Churchill: 1.1 to take all steps and reasonable endeavours to lease (or purchase) premises from which my legal practice will operate and which will accommodate both myself and the Respondent. 1.2 If I have not leased (or purchased) such premises within 3 months of today's date, namely 28 January 2012, I will inform the Law society in writing. 1.3 I will employ and supervise the Respondent for a further period of 3 years, such supervision to include perusing the inward mail in the Respondent's matters and auditing the Respondent's files. 2. By consent Ren Hai Jiang is to pay a fine of $9,000.00 within 6 months and if not paid then his practising certificate may be suspended. 3. By consent Ren Hai Jiang is publicly reprimanded. 4. By consent f or a period of three years the following conditions be imposed on any practising certificate held by Ren Hai Jiang:- (a)He to only hold a restricted practising certificate and any application by him to be granted an unrestricted practising certificate to be conditional upon him satisfying all standard requirements and remaining in the employ of Martin Churchill, Solicitor, or such practitioner as may be approved from time to time by the Council of the Law Society of New South Wales, for a continuous period of three (3) years. (b)He undertaking at least one course each year in the areas of ethics and trust accounts, and any other such course as the Council of the Law Society so directs, for a period of three (3) years. 5. By consent Ren Hai Jiang must pay the costs of the Council of the Law Society of New South Wales in these proceedings as agreed or assessed. Catchwords: Solicitor- professional misconduct - supervision Legislation Cited: Legal Profession Act 2004 Category: Principal judgment Parties: The Council of the Law Society of New South Wales (Applicant) Ren Hai Jiang (Respondent) Legal Services Commissioner (Intervenor) Representation: Counsel P J D Hamill SC (Respondent) Law Society of NSW (Applicant) Clarke Kann Lawyers (Respondent) A Matalani, (Intervenor) File Number(s): 102017