Council of the Law Society of NSW v Spinak [2017] NSWCATOD 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Spinak [2017] NSWCATOD 184 Hearing dates: 28 June 2017 Date of orders: 28 June 2017 Decision date: 28 June 2017 Jurisdiction: Occupational Division Before: J S Currie, Senior Member J Pheils, Senior Member B Thomson, General Member Decision: The Respondent is guilty of professional misconduct. (1) Stephen Nathan Spinak is reprimanded; (2) Stephen Nathan Spinak is fined the sum of $2000; and (3) Stephen Nathan Spinak pay the costs of the Law Society in the agreed sum of $4000. Catchwords: PROFESSIONAL DISCIPLINE-Legal Profession- Solicitor- Breach of undertaking- delay in responding to previous solicitor for client- professional discourtesy- –Instrument of Consent: Legal Profession Act 2004 (NSW):Part 4.8, s564 and Agreed Statement of Facts-finding of professional misconduct-factors influencing penalty-reprimand and fine imposed. Legislation Cited: Legal Profession Act 2004 (NSW) Legal Profession Uniform Law (NSW) Texts Cited: Nil Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Stephen Nathan Spinak (Respondent) Representation: Counsel: L Fermanis (Respondent)

Solicitors: Law Society of New South Wales (Applicant) Conomos & Spinak (Respondent) Legal Services Commissioner (D. Millar), as party to the Instrument of Consent. File Number(s): 2016/00378830 Publication restriction: Nil