Legal Services Commissioner of New South Wales v Reymond [2014] NSWCATOD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner of New South Wales v Reymond [2014] NSWCATOD 14 Hearing dates: 6 February 2014 Decision date: 06 February 2014 Jurisdiction: Occupational Division Before: Hon G Mullane - Senior Member Ms M Riordan - Senior Member Ms E Hayes - General Member Decision: 1 By consent the Respondent is guilty of professional misconduct in relation to Grounds 1 and 2 of the Application of 13 September 2013. 2 By consent the Respondent is publicly reprimanded. 3 For a period of 2 years commencing from today the Respondent's Practising Certificate is subject to a condition that he practise under the supervision of a practitioner who holds an unrestricted Practising Certificate. 4 By consent the Respondent must pay the costs of the Legal Services Commissioner of and incidental to the Application, as agreed or assessed. 5 The Tribunal notes that the Complainants and the Respondent have agreed that the Respondent will pay compensation of $5,000.00 to each of the Complainants. 6 The parties to the compensation claim must file Consent Orders with the Registry within seven (7) days. Catchwords: Solicitor - conflict of interest - solicitor prepares will for client which appoints solicitor as sole executor/trustee and sole beneficiary - professional misconduct. Solicitor makes false statement to son of Deceased that the deceased intended a bequest of $1,000.00 to each of the son's children. Legislation Cited: Legal Profession Act 2004 Revised Professional Conduct and Practice Rules 1995 Cases Cited: Spector v Ageda [1973] Ch 30; Re: Australian Securities Commission v Trevor John Bell [1991] FCA565 Texts Cited: Riley Solicitors Manual, College of Law, Law Society of NSW, published by Lexus Nexus/Butterworths Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Michel Bernard Reymond (Respondent) Representation: Counsel Mr J S Van Aalst (for the Respondent) Office of the Legal Services Commissioner (Applicant) Hardings Lawyers, (Respondent) File Number(s): 132017