Council of the Law Society of NSW v Lyons [2012] NSWADT 166

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Lyons [2012] NSWADT 166 Hearing dates: 21 June 2012 Decision date: 13 August 2012 Jurisdiction: Legal Services Division Before: D Fairlie, Judicial member S Hale, Judicial member C Bennett, Non-Judicial member Decision: 1.James William Lyons be reprimanded. 2.James William Lyons pay a fine in the sum of $6,000.00. 3.James William Lyons pay the costs of the Applicant of and incidental to the Application. Catchwords: Breach of Rule 12 Revised Professional Conduct and Practice Rules Legislation Cited: Legal Profession Act 2004 Revised Professional Conduct & Practice Rules Cases Cited: Council of the NSW Bar Association v Butland [2009] NSW ADT 177 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) James William Lyons (Respondent) Representation: Counsel P Webster (Applicant) Council of the Law Society of New South Wales (Applicant) Legal Services Commissioner (Applicant) J Lyons (Respondent in person) File Number(s): 122004

Reasons For Decision 1On 21 June 2012 the Tribunal heard this matter. At the conclusion of the hearing, the Tribunal made the Orders set out in the final paragraph of these Reasons for Decision. The Tribunal indicated that they would publish their Reasons at a later date and that the Orders made on 21 June 2012 should not operate until the publication of those Orders. These are those Reasons. 2On 23 February 2012 the Council of the Law Society of New South Wales ("The Law Society") filed an Application alleging that the Respondent, James William Lyons ("the Solicitor") was guilty of professional misconduct by reason of a breach of Rule 12 of the Revised Professional Conduct & Practice Rules. In the Application, the Law Society sought the following Orders: a. An Order that the Solicitor be reprimanded; b. An Order that the Solicitor pay a fine; c. An Order that the Solicitor pay the costs of the Applicant of and incidental to the Application; d. Such further or other Order as the Tribunal deems fit. 3The evidence placed before the Tribunal supporting the Law Society's Application consisted of an Affidavit by Leo Sidney Gore sworn 20 February 2012 together with an Affidavit of Paul Monaghan sworn 8 February 2012 and an Affidavit of Anne-Marie Foord sworn 2 February 2012. The Solicitor filed a Reply on 21 March 2012 which admitted the conduct complained of.