Legal Services Commissioner v Russo [2016] NSWCATOD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Russo [2016] NSWCATOD 42 Hearing dates: 11 November 2015; final submissions by 3 December 2015 Date of orders: 12 April 2016 Decision date: 12 April 2016 Jurisdiction: Occupational Division Before: Mullane ADCJ, Principal Member J Wakefield, Senior Member M Bolt, General Member Decision: Solicitor – disciplinary proceedings – depositing trust money to office account, failure to pay counsel's fees, failure to account. Professional misconduct. –name removed from roll Catchwords: Solicitor – disciplinary proceedings – depositing trust money to office account, failure to pay counsel's fees, failure to account. Professional misconduct. –name removed from roll Legislation Cited: Legal Profession Act 2004 Cases Cited: Re Robb (1996) 134 FLR 294; Law Society v McCarthy (2003) NSW ADT 58; Council of the Law Society of NSW v Beazley [2012] NSW ADT 153; Law Society of NSW v Davidson [2007] NSW ADT 264; Law Society of NSW v Graham [2007] NSW ADT 67; Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Salvatore Russo (Respondent) Representation: Counsel: M J Heath (Respondent)

Solicitors: Legal Services Commissioner (Applicant in person) File Number(s): 1420356 Publication restriction: Nil

Judgment

Introduction 1. These are disciplinary proceedings commenced by the applicant by the filing of the application on 11 December 2014. In the application the applicant seeks the following orders: 1. A finding that the respondent is guilty of professional misconduct; 2. In the alternative, a finding that the respondent is guilty of unsatisfactory professional conduct; 3. The respondent's name is removed from the roll of lawyers; 4. In the alternative, the respondent is publically reprimanded; 5. Further, and in the alternative, the respondent is fined; 6. The respondent is to pay the costs of and incidental to the filing and hearing of the application; 7. Such other orders as the Tribunal sees fit.