Double Bay Law Pty Ltd. t/a & Legal & Howard Hilton v Council of the Law Society of NSW [2013] NSWADT 182

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Double Bay Law Pty Ltd. t/a & Legal & Howard Hilton v Council of the Law Society of NSW [2013] NSWADT 182 Hearing dates: 11 April, 2013 Decision date: 14 August 2013 Jurisdiction: Legal Services Division Before: S Hale, Judicial Member M Riordan, Judicial Member R Fitzgerald, Non-Judicial Member Decision: Pursuant to the Legal Profession Act, 2004 Section 17, the Tribunal approves the employment of Howard Hilton in the practice of the First Applicant upon the following conditions: 1. Mr. Hilton is to be supervised by Mr. Darian Iacono (the Solicitor) at all times. If the Solicitor is absent from the law practice for more than 3 consecutive days, the supervision is to be undertaken by another suitably qualified solicitor who is employed by the Solicitor's law practice, provided that the other Solicitor is given a copy of these conditions. In the absence of such an arrangement, Mr. Hilton's employment is suspended until the Solicitor returns to the law practice. 2. Mr. Hilton is not to have access to or be a signatory to any account conducted with any financial institution by the Solicitor in the course of his practice. 3. No written material drafted by Mr. Hilton is to be dispatched from the Solicitor's office without prior approval of the Solicitor, except for routine correspondence that is within the scope of duties of a lay associate that contains no legal advice or opinion. 4. Any written material leaving the Solicitor's practice under the name or signature of Mr. Hilton shall also include under Mr. Hilton's name the words 'Lay Associate' 5. Mr. Hilton is not to receive for his own account any money from any client or potential client of the Solicitor in relation to services performed or to be performed. Mr. Hilton may collect fees as is usual on account of the Solicitor's law practice from clients. 6. Any attendance by Mr. Hilton on clients of the Solicitor's Law Practice shall be restricted to discussions of matters that are within the ambit of his employment as a lay associate, including the taking of instructions about factual matters. Such attendance may take place in the absence of a solicitor of the Solicitor's Law Practice, but only if the client has been informed that Mr. Hilton is a lay associate and not a solicitor. 7. Mr. Hilton is not to hold himself out or represent himself as being a local lawyer or a legal practitioner. 8. Mr. Hilton is not to tender legal advice to any clients of the Solicitor's Law Practice, but may provide legal comment to those within the Solicitor's Law Practice. 9. Any business card or other form of identification of Mr. Hilton identifying him with the Solicitor's Law Practice must clearly include on its face the words 'Lay Associate'. 10. Mr. Hilton is not to have a key or other means of entry to any office from which the solicitor carries on legal practice and may not attend such office or offices unless a solicitor or other employee of the Solicitor's Law Practice is also on the premises. 11. The remuneration of Mr. Hilton shall be by way of stipulated salary or hourly rate or by way of bonus payments that the Solicitor deems appropriate from time to time. 12. Prior to commencement of his employment, the Solicitor and Mr. Hilton shall inform the Law Society in writing that they personally understand these conditions and provide the Society with a signed undertaking that they will abide by any conditions made by the Tribunal that relate to them. 13. If Mr. Hilton ceases to be employed by the Solicitor, the Solicitor must advise the Manager, Professional Standards Department of the Law Society that Mr. Hilton is no longer employed. 14. The scope of Mr. Hilton's duties as a lay associate are to include, but are not limited to, attending Courts or Tribunals to appear at directions hearing or simple mentions, if a court grants leave to do so upon being advised that Mr. Hilton is a lay associate, and briefing counsel in relation to factual matters. Catchwords: Application for approval to employ person as a lay associate Legislation Cited: Legal Profession Act 2004 Cases Cited: Dawson v. The Law Society of New South Wales (unreported) Dezarnaulds and Warn v. Law Society [1995] 5 LPDR 9 Miedzinski v. Council of the Law Society of NSW [2007] NSW ADT 268 Hegney v. Law Society of New South Wales [2008] NSWADT 150 La Fontaine v. Law Society [2006] NSWADT244 Law Society v. Bannister (1993) 4 LPDR 24) Category: Principal judgment Parties: Double Bay Law Pty Ltd. t/a & Legal & Howard Hilton (Applicant) Council of the Law Society of NSW (Respondent) Representation: Counsel D Bennett QC and M Gaven (Applicants) Double Bay Pty Ltd t/as &Legal (Applicant) Council of the Law Society of NSW (Respondent) File Number(s): 122036