Council of the Law Society of NSW v Scully [2012] NSWADT 207

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Scully [2012] NSWADT 207 Hearing dates: 23 August 2012 Decision date: 10 October 2012 Jurisdiction: Legal Services Division Before: D Patten, Deputy President D Fairlie, Judicial Member C Bennett, Non Judicial Member Decision: 1. The Solicitor is guilty of Unsatisfactory Professional Conduct. 2. The Solicitor is reprimanded. 3. The Solicitor to pay the Council's costs. Catchwords: Letter by Solicitor containing untrue statement - Failure to reply to correspondence - Failure to keep client informed - Unsatisfactory Professional Conduct Legislation Cited: Legal Profession Act 2004 Cases Cited: Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Kenneth Janes Scully (Respondent) Representation: Council of the Law Society of NSW (Applicant) Eakin McCaffrey Cox (Respondent) File Number(s): 112035

REASONS FOR DECISION 1By Application filed on 12 December 2011 the Council of the Law Society of NSW (The Council) alleged that Kenneth James Scully (the Solicitor) was guilty of Professional Misconduct and Unsatisfactory Professional Conduct and that as a consequence he should be publicly reprimanded and ordered to pay the costs of the proceedings. 2Professional Misconduct and Unsatisfactory Professional Conduct were alleged to be constituted as follows:

Professional Misconduct 1. The Solicitor misled Messrs Brazel Moore Lawyers by letter dated 28 May 2007.