Legal Services Commissioner v Pierpoint [2018] NSWCATOD 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Pierpoint [2018] NSWCATOD 160 Hearing dates: 6 June 2018 Date of orders: 24 September 2018 Decision date: 24 September 2018 Jurisdiction: Occupational Division Before: J S Currie, Senior Member M Riordan, Senior Member B Thomson, General Member Decision: 1 The respondent is guilty of professional misconduct on grounds that she breached rules 10.1, 11.1 and 11.2 Revised Professional Conduct & Practice Rules 1995 in circumstances where she ought to have known that her conduct was in breach of the rules or she was recklessly careless as to whether her conduct was in breach of the rules. 2 The Tribunal orders that: (a) The respondent is reprimanded. (b) The respondent is fined $2,500. (c) The respondent is to pay the applicant's costs, as agreed or assessed. Catchwords: Legal Practitioner – Disciplinary Proceedings – Conflict of interests - Preparation of multiple wills and codicils for a client in breach of Rules 10.1, 11.1 and 11.2 of the Revised Professional Conduct & Practice Rules 1995 - Whether conduct is properly characterised as professional misconduct or unsatisfactory professional conduct – Professional misconduct found Legislation Cited: Civil and Administrative Tribunal Act 2013 (No. 2) Corporations Act 2001 (Cth) Interpretation Act 1987 (NSW) Legal Profession Uniform Law Application Act 2015 (NSW) 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 Haseldine (No 2) [2018] NSWCATOD 41 Council of the Law Society of New South Wales v Webb [2013] NSWCA 423 Council of the Law Society of NSW v Weller [2017] NSWCATOD 38 Council of the NSW Law Society v McEncroe [2015] NSWCATOD 109 Law Society of New South Wales v Moulton [1981] 2 NSWLR 736 Law Society of New South Wales v Shad [2002] NSWADT 236 Legal Services Commissioner v Bryden and Hagipantelis (No 3) [2012] NSWADT 225 NSW Bar Association v Meakes [2006] NSWCA 340 Russo v Legal Services Commissioner [2016] NSWCA 306 Texts Cited: Nil Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Joan Margaret Pierpoint (Respondent) Representation: Counsel: C A Webster SC (Applicant) G A Rich (Respondent)