Council of the Law Society of NSW v Yoon [2019] NSWCATOD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Yoon [2019] NSWCATOD 28 Hearing dates: 24 January 2018, 13 April 2018, 28 May 1918, 13 July 2018 Date of orders: 20 February 2019 Decision date: 20 February 2019 Jurisdiction: Occupational Division Before: JS Currie, Senior Member M Sindler, Senior Member M Bolt, General Member Decision: The Tribunal finds Seog Won Yoon (the Respondent) guilty of professional misconduct and: (1) recommends that the name of the Respondent be removed from the roll kept by the Supreme Court of New South Wales and the Australian Legal Profession Register; (2) orders the Respondent to pay the Applicant's costs, as agreed or assessed. Catchwords: PROFESSIONS AND TRADES-PROFESSIONAL DISCIPLINE-Solicitor- Professional misconduct- failure to keep trust account or to deal with trust money in accordance with the Legal Profession Uniform Law (NSW) No 16a (the Uniform Law); misappropriation of trust funds; entering a costs agreement providing for contingency fees; failure to comply with notice under s 370 of the Uniform Law. Findings pf professional misconduct and unsuitability to practice. Legislation Cited: Civil and Administrative Tribunal Act (No 2) 2013 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law (NSW) No 16a Cases Cited: A Solicitor v Law Society of New South Wales [2004] 216 CLR 253. Allinson v General Medical Council [1894] 1 QB 750 Barwick v Council of the Law Society of New South Wales [2004] NSWCA 32: Re Clayton (1961) SR (NSW) 132 Dupal v Law Society of NSW [1990] NSWCA 56 Hoile v Medical Board of South Australia [1960] HCA 30; (1960) 104 CLR 157 Jauncey v Law Society (NSW Court of Appeal, unreported, 1 February 1989) Law Society of NSW v Walsh [1997] NSWCA 185 at 224 Legal Services Commissioner v Livers [2017] NSWCATOD 117 New South Wales Bar Association v Cummins [2001] NSWCA 284 Prothonotary of the Supreme Court of NSW v McCaffery [2004] NSWCA 470; Prothonotary of the Supreme Court of NSW v Ritchard (Unreported, NSW Court of Appeal, 31 July 1987) The Prothonotary of the Supreme Court of New South Wales v Dimetrious [2015] NSWCA 258 Texts Cited: Nil Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Seog Won Yoon (Respondent) Representation: Counsel: D Eardley (Respondent): (Hearing of 28 May 2018 only).