Council of the Law Society of NSW v Zhukovska [2019] NSWCATOD 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Zhukovska [2019] NSWCATOD 66 Hearing dates: 7, 17 and 18 December 2018, 18 January 2019 Date of orders: 08 May 2019 Decision date: 08 May 2019 Jurisdiction: Occupational Division Before: J S Currie, Senior Member M Sindler, Senior Member J Schwager, General Member Decision: 1. Myroslava Zhukovska is guilty of professional misconduct in respect of her conduct described in Grounds 4, 6, 7, 11 and 12 of the Application.

2. Myroslava Zhukovska is guilty of unsatisfactory professional conduct in respect of her conduct described in Grounds 2, 3, 5, 8 and 10 of the Application.

3. The matter is to be set down for directions and for fixing the date of a hearing to determine the disciplinary orders to be made. Catchwords: PROFESSIONAL DISCIPLINE- Legal Profession-Solicitors- preparation of general power of attorney for client of advanced years: adequacy of solicitor's assessment of capacity of principal - absence of independent advice to principal where solicitor to be appointed as attorney- necessity of estate-management structures, (including trust, incorporation of trustee, deed of successor appointor and provisions for transfer of residuary estate), were necessary- absence of independent advice as to effect of deed of successor appointor – alleged breaches of Legal Profession Act, 2004 (NSW) ss 254,479, 674 and NSW Solicitors' Professional Practice and Conduct Rules, Rule 12.3-whether solicitor arranged loans including unsecured loans without knowledge or consent of client, personally borrowed from trust, disclosed receipt of trust money to Law Society. Whether solicitor overcharged. Whether solicitor preferred her own interests to those of client.