Council of the Law Society of New South Wales v Samaan [2015] NSWCATOD 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Samaan [2015] NSWCATOD 74 Hearing dates: 1 April, 18 June 2015 Decision date: 20 July 2015 Jurisdiction: Occupational Division Before: M Chesterman, Principal Member M Riordan, Senior Member M Bolt, General Member Decision: 1. The Respondent is guilty of professional misconduct. 2. The name of the Respondent is to be removed from the Roll. 3. The Respondent is to pay the Applicant's costs as agreed or assessed. Catchwords: Solicitor – disciplinary proceedings – misappropriation – breach of trust account requirements – removal from Roll Legislation Cited: Civil and Administrative Tribunal Act 2013 Legal Profession Act 2004 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Council of the Law Society of New South Wales v Bharati [2010] NSWADT 159 Dupal v Law Society of New South Wales [1990] NSWCA 56 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Rabie Samaan (Respondent) Representation: Solicitors: Law Society of New South Wales (Applicant) R Samaan (Applicant in person) File Number(s): 1420146

Reasons for decision

The Application 1. On 28 March 2014, the Council of the Law Society of New South Wales ('the Law Society') filed an Application in the Tribunal alleging that the Respondent solicitor, Rabie Samaan ('the Solicitor'), was guilty of professional misconduct on two Grounds. 2. These Grounds were formulated as follows: RABIE SAMAAN is guilty of professional misconduct in that he: 1. Misappropriated trust funds; and 2. Wilfully breached Section 255 of the Legal Profession Act 2004. 1. The Law Society sought orders as follows: 1. The name of the Solicitor be removed from the Roll. 2. The Solicitor pay the costs of the Law Society; and 3. Any other orders which the Tribunal deems appropriate. 1. The Particulars set out in the Application were as follows: Particulars In these Particulars: 'the Solicitor' means Rabie Samaan 'the Society' means The Law Society of New South Wales "the firm" means Samaan & Associates Lawyers "Lexington means" Lexington Law Group Pty Ltd "Ms Sirijovska" means Gordana Sirijovska 1. The Solicitor was a non-principal at Lexington until 6 March 2012 and the principal of the firm from 18 March 2012 to 30 June 2012 and from 10 July 2012 until 30 June 2013. 2. The firm did not operate a trust account. 3. The Solicitor, whilst at Lexington, had carriage of a matter for Ms Sirijovska. 4. When the Solicitor commenced the firm, the carriage of Ms Sirijovska's matter was taken over by the firm. 5. Whilst at Lexington and at the firm, the Solicitor received the following cash funds from Ms Sirijovska. Date paid Amount paid $ Purpose of Payment 1 29 October 2010 1,650.00 Fee Dr Milch, Psychiatrist 2 25 January 2012 7,000.00 Barrister's fee, costs of final hearing 3 1 February 2012 4,000.00 Costs to finalise Federal Court proceedings 4 8 February 2012 3,232.00 Barrister's fees 5 23 April 2012 649.00 Court transcript fee 6 5 May 2012 3,000.00 Part costs of barrister 7 16 June 2012 8,800.00 Court transcript fee 8 22 June 2012 5,000.00 Barristers fees 9 07 September 2012 943.00 Court filing fee 5,000.00 Barristers fees 10 17 September 2012 3,500.00 Samaan's fees 1,500.00 Samaan's fees 11 17 September 2012 200.00 Subpoena conduct money 12 27 November 2012 500.00 Rabie Samaan legal fees 13 1 December 2012 275.00 Additional funds for payment to Dr Milch, Psychiatrist