Council of the Law Society of NSW v Kim [2012] NSWADT 45

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Kim [2012] NSWADT 45 Decision date: 20 March 2012 Jurisdiction: Legal Services Division Before: Hon G Mullane, Judicial Member J Wakefield, Judicial Member S Hayes, Non-Judicial Member Decision: 1) The Respondent Solicitor is found guilty of professional misconduct and publicly reprimanded; 2) The Respondent Solicitor is fined $5,000 to be paid as to $1,000 on or before 1 March 2013; $2,000 on or before 1 March 2014; and $2,000 on or before 1 March 2015. 3) The Respondent Solicitor must pay the Law Society $3,000 for its costs of and incidental to the proceedings, such amount to be paid as to $1,500 on or before 1 September 2012, and as to the remaining $1,500 by 1 March 2013. 4) Until 1 March 2017 the Law Society of NSW must not issue to or renew any Practising Certificate of the Respondent unless she has complied with any requirements (whether by Legislation, Rules or a Condition of a Practising Certificate sought to be renewed) for her to undertake Continuing Legal Education and there is no amount payable but unpaid under order 2 or order 3. Catchwords: Solicitor - Disciplinary proceeding - Practice in breach of condition in Practising Certificate - Breach of Undertaking to Law Society - Failure to respond to correspondence from Law Society. Legislation Cited: Legal Profession Act 2004 Crimes (Sentencing and Procedure) Act 1999 NSW - Section 17 Legal Profession Regulations 2005 Revised Professional Conduct and Practice Rules 1995 (Law Society of NSW) Mandatory Continuing Legal Education (Continuing Professional Development) (MCLE/CPD Scheme Document - Council of the Law Society of NSW Practising Certificate Rules - Law Society of NSW Cases Cited: The Council of the Law Society of NSW -v- Panopoulos [2010] NSWADT 208; Legal Services Commissioner -v- McCarthy, (unreported) ADT 2 June 2008; NSW Bar Association -v- Howen [2008] NSWADT 148 at [59-62]; Legal Services Commissioner -v- Piper [2006] NSWADT 12; Law Society of NSW -v- Hinde [2005] NSWADT 199 at [37-41]; Counsel of the Law Society of NSW -v- Karam [2010] NSWADT 170. Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Jinhi Kim (Respondent) Representation: Law Society of NSW (Applicant) J Kim (Respondent in person) File Number(s): 112019