Council of the Law Society of NSW v Griffin [2016] NSWCATOD 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Griffin [2016] NSWCATOD 40 Hearing dates: 7 September 2015 Date of orders: 08 April 2016 Decision date: 08 April 2016 Jurisdiction: Occupational Division Before: D Patten, Principal Member S Hale, Senior Member R Fitzgerald, General Member Decision: (1) The solicitor Michael Anthony Griffin is guilty of Professional Misconduct. (2) The solicitor is reprimanded (a) The Solicitor, at his own expense, is to undertake within 6 months of the date of the orders made by the Tribunal [and during which the Solicitor holds a current practising certificate], a course in Legal Ethics that is approved by the Manager of the Professional Standards Department and therein achieve a pass mark of not less than 50% (Pass Mark). (b) The Solicitor will, within seven (7) days of receipt of the result of the course in Legal Ethics, provide the Manager of the Professional Standards Department the original result notification from the provider of the course in Legal Ethics. (c) Should the Solicitor fail to achieve the Pass Mark, he shall complete any further course in Legal Ethics as approved by the Manager of the Professional Standards Department until such time as he achieves the Pass Mark. (d) Should the Solicitor fail to achieve the Pass Mark within the time period in 2 above, his practising certificate shall be suspended until such time as he achieves the Pass Mark. (3) That the solicitor pay the Council's costs on a party and party basis as agreed or assessed Catchwords: Professional Misconduct – Letter to judge couched in grossly offensive terms. Legislation Cited: Judiciary Act 1903 (Cth) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1QB750 Bechara v Legal Services Commissioner [2010] NSWCA 369 Donaghy v Council of Law Society (No2) [2012] NSWADT170 Kennedy v The Council of the Incorporated Law Institute of NSW (1939) 13 ALJ 563: Law Society v Beazley [2012] NSWADT153 Sunol v Collier (2011) 81 NSWLR 619. Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant in person) M Griffin (Respondent in Person) Representation: Council of the Law Society of New South Wales (Applicant in person) M Griffin (Respondent in Person) File Number(s): 1520035