Council of the Law Society of NSW v Butt [2012] NSWADT 47

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Butt [2012] NSWADT 47 Hearing dates: 6 February 2012 Decision date: 06 February 2012 Jurisdiction: Legal Services Division Before: The Hon G Mullane (Judicial Member) Ms M Riordan (Judicial Member) Ms J Butlin (Non-Judicial Member) Decision: 1.The Respondent is guilty of professional misconduct particulars of which are set out in the Instrument of Consent filed 14 November 2011. 2.The Respondent is publicly reprimanded. 3. The Respondent must pay a fine of $5,000. 4.The Respondent must pay the Applicant's costs as agreed or assessed. Catchwords: Solicitor-disciplinary proceedings - dealing with funds of deceased estate when not instructed by executor and contrary to executor's instructions. Legislation Cited: Legal Profession Act 2004 Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Trevor William Roland Butt (Respondent) Representation: Counsel M G Lynch (Respondent) Council of the Law Society of NSW (Applicant) R K Heinrich (Respondent) Legal Services Commissioner (Intervenor) File Number(s): 112012

LEGAL SERVICES DIVISION

The Hon G Mullane (Judicial Member), Ms M Riordan (Judicial Member), Ms J Butlin (Non-Judicial Member)

REASONS FOR DECISION

INTRODUCTION 1These were disciplinary proceedings against the Respondent Solicitor commenced by the Application of the Law Society filed in the Tribunal on 20 April 2011. The Application sought orders that the Solicitor's name be removed from the Roll, the Solicitor pay the Society's costs, and such orders as to the Tribunal seems fit. 2Although in its Application the Law Society sought a striking off order against the Respondent, when further evidence became available from the Respondent, the Law Society decided not to seek a striking off order. The Instrument of Consent signed by the Respondent and also on behalf of the Law Society and the Legal Services Commissioner seeks a reprimand, a substantial fine, and an order that the Solicitor pay the Law Society's costs. The parties agreed at the hearing that the fine should be a fine of $5,000.