Council of the Law Society of NSW v Martin [2012] NSWADT 22

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Martin [2012] NSWADT 22 Hearing dates: 12 December 2011 Decision date: 13 February 2012 Jurisdiction: Legal Services Division Before: M Chesterman, Deputy President D Fairlie, Judicial Member C Bennett, Non-judicial Member Decision: 1. The Respondent is guilty of professional misconduct. 2. The Respondent is reprimanded. 3. The Respondent is to pay a fine of $4,000 within six months of the date of this decision. 4. The Respondent is to attend and pass an appropriate course in ethics offered by the College of Law. 5. The Respondent is to pay the Applicant's costs as agreed or assessed. Catchwords: Disciplinary application - solicitor - alteration of advice prepared by counsel and forwarding of the altered advice to solicitors - instrument of consent Legislation Cited: Legal Profession Act 2004 Cases Cited: Council of the Law Society of NSW v Chau [2011] NSWADT 271 Council of the Law Society of NSW v Ly [2011] NSWADT 210 Council of the New South Wales Bar Association v Butland [2009] NSWADT 177 Fraser v The Law Society [1992] NSWLST 6 Legal Services Commissioner v Thurairajah [2011] NSWADT 287 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Legal Services Commissioner (Intervenor) Peter James Martin (Respondent) Representation: Counsel J Morris (Respondent) Council of the Law Society of NSW (Applicant) Legal Services Commissioner (Intervenor) Matthews Williams (Respondent) File Number(s): 102033