Legal Services Commissioner v Yakenian [2019] NSWCATOD 98

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Yakenian [2019] NSWCATOD 98 Hearing dates: 5 June 2019 Date of orders: 21 June 2019 Decision date: 21 June 2019 Jurisdiction: Occupational Division Before: Naida Isenberg, Senior Member D Fairlie, Senior Member E Hayes, Member Decision: The Solicitor is guilty of professional misconduct in relation to Grounds 1-4 of the application.

Orders: (1) the Solicitor is reprimanded;

(2) the Solicitor is to pay a fine in the sum of $7,500;

(3) the Solicitor is to undergo education as follows:

(a) the Solicitor must, at his own expense, undertake within 12 months of these Orders an appropriate course in legal ethics (Course) as approved by the Legal Services Commissioner, and therein achieve a pass mark of not less than 50% (Pass Mark);

(b) within seven (7) days of receipt of notification of the result of his participation in the Course, the Solicitor must provide to the Legal Services Commissioner, the original of such notification;

(c) should the Solicitor fail to achieve the Pass Mark, he must complete any further course in legal ethics as approved by the Legal Services Commissioner until such time as he achieves the Pass Mark in any further nominated course; and

(d) should the Solicitor fail to achieve the Pass Mark within the time period prescribed in (a) above, any practising certificate then held by him shall be suspended (or if not holding a current practising certificate, no such certificate is to be issued to him) until such time as he achieves the Pass Mark;