Legal Services Commissioner v Searle [2016] NSWCATOD 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Searle [2016] NSWCATOD 23 Hearing dates: 15 January 2016 Date of orders: 15 January 2016 Decision date: 26 February 2016 Jurisdiction: Occupational Division Before: S Westgarth, Deputy President M Riordan, Senior Member M Bolt, General Member Decision: 1. The respondent is guilty of professional misconduct in relation to grounds 1 and 2 of the Application and unsatisfactory professional conduct in relation to ground 3. 2. The respondent is publicly reprimanded. 3. The respondent is to pay the costs of and incidental to the filing and hearing of the Application, agreed at $1,000. 4. The respondent is to pay a fine of $5,000 within three (3) calendar months of the date of these orders (15/04/2016). Catchwords: Solicitor – disciplinary proceedings – borrowing money from clients – failure to make complete disclosure regarding borrowings – instrument of consent - 'exceptional circumstances' – order for costs Legislation Cited: Legal Profession Act 2004 Civil and Administrative Tribunal Act 2013 (No. 2) Legal Profession Regulation – 2005 Professional conduct and Practice Rules Cases Cited: Law Society of New South Wales v Harvey [1976] 2 NSWLR 154 Law Society of New South Wales v Laftsidis [2010] NSWADT 317 Law Society of New South Wales v Moulton [1981] 2 NSWLR 736 at 739, 740 Council of Law Society of New South Wales v Stormer [2010] NSWADT 240 Council of the Law Society of NSW v Lyons [2012] NSWADT 166 Council of the Law Society of NSW v Mavrakis [2010] NSWADT 103 Council of the NSW Law Society v McEncroe [2015] NSWCATOD 109 Council of the New South Wales Bar Association v Breeze [2015] NSWCATOD 152 Council of the New South Wales Bar Association v Butland [2009] NSWADT 177 Law Society of New South Wales ­v­ Barwick & Dechnicz [2002] NSWADT 66 Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Deborah Jean Searle (Respondent) Representation: Solicitors: Legal Services Commissioner (Applicant) D Searle (Respondent in person) File Number(s): 1520222