Legal Services Commissioner v Scroope [2012] NSWADT 107

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Scroope [2012] NSWADT 107 Hearing dates: 10 May 2012 Decision date: 04 June 2012 Jurisdiction: Legal Services Division Before: The Hon Justice Haylen (Deputy President) N Isenberg, Judicial Member C Bennett, Non-Judicial member Decision: (1) That the conduct of the legal practitioner, Philip Scroope, in the preparation of the narrative bill of costs resulting in the charging of Ms Meng of grossly excessive costs, constitutes professional misconduct within the meaning of the Legal Professional Act 2004. (2) The legal practitioner, Philip Scroope, is reprimanded. (3) The practitioner, Philip Scroope, is fined the sum of $5,000. That sum is to be paid within 28 days of the date of this decision. (4) The legal practitioner, Philip Scroope, shall pay the costs of the LSC. Catchwords: PROFESSIONAL MISCONDUCT - charging of grossly excessive fees - acceptance of overcharging by firm - deficiencies in computerised costing system - senior solicitor accredited in personal injury work - high level of personal responsibility for file where grossly excessive costs charged - failure of supervision by responsible partner. Legislation Cited: Evidence Act 1995 Legal Profession (Amendment ) Bill Legal Profession (Amendment) Act 1987, No 263 of 1987 Legal Profession Act 2004 Cases Cited: D'Alessandro v Legal Practitioners Complaints Committee (1995) 15 WAR 198 De Pardo v Legal Practioners Complaints Committee and anor [2000] 170 ALR 709 Kenedy v Council of Incorporated Law Institute of NSW(1939) 13 ALJ 563 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Legal Services Commissioner v Keddie [2012] NSWADT 106 Nikolaidis v Legal Services Commissioner [2007] NSWCA 130 Re R - A Practitioner of the Supreme Court [1927] SASR 58 The Council of the Law Society of New South Wales v Doherty [2010] NSWCA 177 Veghelyi v The Law Society of New South Wales [1995] NSWCA 483 Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Philip Scroope (Respondent) Representation: Counsel C Webster (Applicant) J Ireland QC with T Lynch (Respondent) L Muston (Applicant) T A Williams (Respondent) File Number(s): 092010