Council of the Law Society of NSW v Lo [2012] NSWADT 21

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Lo [2012] NSWADT 21 Hearing dates: 30 March, 15 April and 24 June 2011Submissions by 3 August 2011 Decision date: 13 February 2012 Jurisdiction: Legal Services Division Before: G. Mullane, Judicial Member, M Riordan,Judicial Member Mr C Bennett,Non-Judicial Member Decision: 1.The Respondent is guilty of professional misconduct with respect to each of the 8 grounds in the Application. 2.The applicant must file by 17 February any further evidence or submissions on the issue of what orders should be made. 3 The Respondent must file by 28 February any further evidence or submissions on the issue of what orders should be made. Catchwords: Solicitor, Discipline, Breach of Undertaking, Misleading Solicitors, Failure to comply with Sections 253, 254, 255, 256 and 260, Misled Investigator, False declaration in Practising Certificate Application, and Unethical conduct Legislation Cited: Legal Profession Act 2004 Category: Principal judgment Parties: The Council of the Law Society of NSW (Applicant) Kevin Lo (Respondent) Representation: Counsel M Castle (Respondent) Law Society of New South Wales (Applicant) File Number(s): 102022

LEGAL SERVICES DIVISION G Mullane - Judicial Member, M Riordan - Judicial Member, and C Bennett - Non-Judicial Member

REASONS FOR DECISION

INTRODUCTION 1This was a hearing of disciplinary proceedings against the Respondent solicitor commenced by the Council of the Law society of NSW by its application filed with the Tribunal on 1 September 2010. The hearing occurred on 30 March 2011, 15 April 2011 and 24 June 2011. Closing submissions were required from the parties by 3 August 2011. Written submissions were not provided by the Respondent. 2At the end of the hearing, we indicated that we would make a determination regarding the grounds of the complaint and would then re-list the matter to enable the parties to present any further evidence as to the dispositive orders to be made. 3We ordered that the Law Society file and serve any further submissions in writing on or before 15 July. We also ordered that the Respondent file and serve any written submissions on or before 3 August. However, the Respondent filed no submissions.