The Council of the Law Society of NSW v Byrnes [2016] NSWCATOD 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Council of the Law Society of NSW v Byrnes [2016] NSWCATOD 64 Hearing dates: 9 May 2016 Date of orders: 23 May 2016 Decision date: 23 May 2016 Jurisdiction: Occupational Division Before: Cowdroy ADCJ, Principal Member D Fairlie, Senior Member E Hayes, General Member Decision: (1) The Tribunal finds that the respondent, on 18 January 2013, breached Rules 2 and 31 of the Revised Professional Conduct and Practice Rules 1995 by causing his office manager to communicate with the secretary of the client of another solicitor and thereby engaged in conduct which was unprofessional, contrary to s496 of the Legal Profession Act 2004 (NSW) (repealed).

(2) The Tribunal orders that the Respondent pay the costs of the Applicant.

(3) Reserves the question of compensation claimed by any aggrieved party. Catchwords: Legal Practitioner communicating with client of another solicitor - circumstances providing explanation - conduct amounting to unprofessional conduct Legislation Cited: Legal Profession Act 1987 Legal Profession Act 2004 Revised Professional Conduct and Practice Rules 1995 Cases Cited: Law Society of New South Wales v Walsh [1997] NSWCA 185 New South Wales Bar Association v Butland [2008] NSWADT 120 Category: Principal judgment Parties: The Council of the Law Society of New South Wales (Applicant) Kevin Patrick Byrnes (Respondent) Representation: Counsel: P Maddigan (Applicant) M Walsh (Respondent)